iwas ofle emanating from tne corporauon
'Of Dubiin. This Irritated O'Connell, and
;at a meetlns in January, 1815, he al-'
luded to thla j)etition a& coming ttam.
"the beggkrly corporation of Dublin."
■The" Expression was harmless, and It is
:hard to conceive why an Individual ipem-
her should h«ive regarded It as personally
■applying to himself. ,
; Yet this was precj-wly what qne of
;fhem, lyEstere, did;, t^'early life he had
served a* a petty officer In the navy, and
Jiad vroft a considerabl<fe reputation for
pereonal bravery. Besides, he had per-
sonally opposed the very petition which
'how raised O'Connell'a ire. Unfortu-
nately he was In rather embarrassed cir-
cumstances; and either because he hoped
to improve his position by attacking a
man personally objectionable to the Gov-
ernme'nt, or because of his sensitiveness
to hlBv position, he felt called upon to
resent; the wordJs.
O'Connell's surprise on opening D'EJs-
tere's letter requiring a retraction may
be more easily imagined than described.
Retraction was, of course, out of the
question, and all that he felt it incum-
bent on him to say by way of explana-
tion was that, while the corporation
doubtless contained estimable individu-
als, the conduct of the corporation itself
was so notoriously hostile to the Catho-
lics that their private opinions must
necessarily be confounded In the acts of
the general body.
This explanation did not satisfy D'Es-
tere, but instead despatched another let-
ter, yirhich, however, O'Connell returned
ttmread. This was on Jan. 27. Three
4ays elapsed without D'Estere taking
any further steps; but on the 31st a
rumor got abroad that he was going to
horsewhip O'Connell. The whole city was
excited over the affair, especially when
it turned out that D'Ei^icre had actually
appeared in the Four Courts with a whip
(^
^^'Til
<y€0.*rNELi'S '^Ura* ■WITH rrESTEKa.
in hw hand, but d failed to find O'Con-
nell. As ior the .itter, he continued to
fro about liis busin <;a as usual.
l^arly next mori: ?, however. Sir Ed-
ward Stanley, ai. iig as D'Estere's
f;i'>n<l. called on 0'< nnell, and was bj-
h.im i-.ferrerl to Majv McNamara, who
Moni! tly fixed the hou'- for meeting for
D'Bstere; fell to the ground. The wd
was not at first expected to prove fa
But on returning home O'Connell >
trayed ^reat uneasiness. "I fear hf
dead," Ihe remarked; **but I nfed ;
and ftie ball must have entered near* t»t^
thigh." . ' ,
Next day D'Estere died, leaving his
wife in poverty. Q^ZIonnell, in his sor-
row, offered to setfie an income, on ber.j,
as he said, "to share my income ^tli^
her." The <^er was declined, but he pre-
vailed on a daughter of the deceas^ ta
accept an annuity ^rom him. which' "was
regularly paid till hjis death, and at d
later period he had the satisfaction of
rendering valuable legal Service to th^
widow herself. Subsequently he became
so Impressed with the wickedness of
dueling as to maJce a vow never to fight'
another.
JATRJARY SO^lirilliam Carleton Alea,
THK
LIFE AND SPEECHES
DANIEL O'CONNELL, M.P.
EDITED BY HIS SON,
JOHN O'CONNELL, M.P.
KILKENNY CITY;
j»DTHOR OF " AN AROniWRKT FOR IRELAND.- •• RFPF.AL DICTIONAR?." ETC.
Herp^itsry bondsmen, know ye not,
Wli«» would he frep, themselves munt strike the blow !"
Btrom.
VOL. I.
BOSTON C3LLEGE LIBRARY
CH,:^T[VUT HILL, MASS.
DUBLIN:
PUBLISHED BY JAMES DUFFY,
10. WELLINGTON-QUAY.
LONDON : C. DOLMAN, 61. NEW BOND-STREET.
1846.
Purdon, Brothers, Sieatn-Press Printers, 23. BachelorVwalk.
205469
TO
THE PEOPLE OF IRELAND.
THE LOl.'G-OPPSESSED,
THE L0NG.Z::DU:RING— THE PATIZNT— THZ JAITHJTL—
THE NOBLE IRISH PEOPLE,
THIS OUTTIXE
SKETCH OF THE LIFE
a^:d COLLECTI02: 6j the
SPEECHES
OF ONE VvB.0 HJ.3 DZTCTED THl-T LIFE
ai:d ^ould "mLLi^rc-LT ■^ir^ :t
TO rRocui%E i:=.z e-etrsss oe their CRTEL "a-ROXGS,
AND MAXE OLD IRELAND FREE.
IS iiOST RESPECrETTTT ZZDICATET. 5Y THEIR
VERY HUMBLE SERTA^'T,
JOHN O'COXXELL.
ZLingstowi:, Dvib^ic, Febraai-y, I844>.
PREFACE.
The following Work was commenced with the design
of presenting, in a single volume, a hasty sketch of
Mr. O'Connell's Life, and a collection of such of his
Speeches as were delivered, under remarkable circum-
stances of the popular struggle in this country, from
the period of the Union to the present time.
Allusions to this design and purpose will, therefore,
be frequently met in the earlier part of this volume ;
and the evidences of an endeavour at brevity will
easily be detected.
But I had not far proceeded on my task, when
from the immense number of occasions of interest and
importance to the popular cause on which he had to
put himself prominently forward, I saw that it would
be impossible to confine myself within the original
limits, and had, accordingly, to enlarge my plan as
the work progressed.
Mr. O'Connell's history, as a public man, is, in fact,
VI . PREFACE.
the history of the popular cause in the times in
which he has lived : so unreservedly did he throw
himself into that cause, in obedience to impulses he
had been conscious of from his earliest recollection, and
continue in it throughout all its vicissitudes, of what-
soever colour or description.
Yet, it is not pretended, in this Work, to supply
the desideratum of a complete and sufficient history,
either of his times or of himself. That will be the
work of his own pen, whenever leisure may enable him
to carry out his intention of so doing.
The collection of Speeches, and the general narration
which accompanies and connects them, have had the
benefit of his revision — a circumstance which will give
them more value than might otherwise attach.
The only additional remark, by way of preface, that
I think I am called upon to make is, that the exami-
nation which my undertaking required of our records
for the last forty-five years, has more than ever con-
firmed my conviction, of the absolute and imperative
necessity of our taking, by a Repeal of the Legis-
lative Union, our affairs from out of the hands
of a people who have so cruelly mismanaged them,
as have the English during that time ; and of the
stringent urgency of the duty upon every Irishman —
PREFACE. vil
high or low, rich or poor, Catholic, Protestant, or
Presbyterian, if he would fulfil his obligations, not
only as an Irishman but as a Christian man — to work
incessantly and energetically for the restoration of his
country to her proper rank among the nations of the
earth.
JOHX O'COXNELL.
* Kingstown, Dublin,
February, 1846.
SKETCH
LIFE OF DANIEL O'CONNELL, ESQ., M.P.
Daniel O'Connell, of Darrynane, in the county of Kerry, (a
gentleman of ancient family and independent fortune,) died in the
year 1774. He left three sons surviving. The eldest of the
three, Maurice O'Connell, succeeded him in the possession of
Darrynane, and in the enjoyment of an estate which had never
been forfeited, situate in Glencara, in that county ; and also in
the possession of several lands held under what was called
Shelburne leases — namely, leases for three lives, dependent on
ninety-nine years, renewable for ever, and having an origin prior
to the enactment of the penal laws, and therefore not " discover-
able ;" that is, not liable to be laid hold on by any Protestant
who chose to claim them.
The second son was Morgan O'Connell, of whom more
hereafter.
The third son was Daniel O'Connell, respecting whom there
existed many pecrliar circumstances. First, he was the two-
and-twentieth chikl of his father and mother. Secondly, he
entered the French service as a sub-lieutenant of Clare's
regiment, at the age of fourteen, in the year 1759. Thirdly,
unaided by anything but his inerit, he rose to the rank of major-
general. He bee .me colonel-commandant of the German
regiment, in the French service, of Salrn- Salm, of two
battalions, of twelve* nv-dred men each, which he converted from
an undisciplined mbn into confessedly the finest regiment in the
great French camp, at Metz, in 1787. Fourthly, he serve-l at
B
'2 SKETCH OF THE LIFE OF
the siege of Gibraltar, in 1782, being then the second lieutenant-
colonel of the regiment of royal Swedes — the first lieutenant-
colonel being the Count Fersen, remarked for his personal
beauty, and his alleged intrigues at the court of Louis XVI.
Fifthly, Colonel Daniel Count O'Connell — to which rank he
had then arrived — volunteered, with one hundred men, as
marines, in the ship of the French admiral, who vainly endea-
voured to prevent the relief of Gibraltar by Lord Hood.
Sixthly, he was severely wounded in the actual attack upon
Gibraltar, when the French were driven off by General (after-
wards Lord) Elliot ; and it was because of the gallantry he then
displayed, that Louis XVL conferred upon him the command
of the regiment of Salm-Salm, already mentioned. Seventhly,
he was appointed, in the year 1788, one of the inspectors-general
of the French infantry. He was the actual author of the system
of internal arrangements of the infantry forces now univer-
sally adopted in all the European armies. Eighthly, he was
entrusted in 1789, by Louis XVL, during the first revolutionary
violence, with the command of ten thousand of the foreign troops
by which Paris was surrounded — and the writer of this sketch
has often heard him declare, that if Louis XVI. had permitted
the foreign troops to crush the Parisian revolutionary mobs,
they were both able and willing to do so ; but the humanity of
that benevolent, but weak monarch prevented the making of the
great experiment of suppression. Ninthly, he remained about
the person of the king as long as it was possible for personal
devotion to be of any use ; and only emigrated when it was im-
practicable to serve the king by any other conduct. He then
made the Duke of Brunswick's campaign, as colonel a la suite,
in the regiment of hussars, called " De Berchiny ;" and, after
the close of that disastrous campaign, repaired to England,
where he was principally instrumental in prevailing on the
British government to take into their service the officers of the
Irish Brigade late in the emplovnient of France. Tenthly,
there were six regiments formino- that brigade in the British
service ; and the command of one of them >vas conferred upon
him. Those regiments were exceedingly ill treated by the
British government ; and the officers (with the exception of the
colonels) were unceremoniously put upon half pay. The
14
DANIEL O'CONNELL, ESQ., M.P. 3
colonels, however, were, by stipulation, entitled to their full
pay for life ; and he accordingly enjoyed that pay, and his rank
of colonel in the British service, during the rest of his life.
Being married to a St. Domingo lady, he returned to France
at the peace of Amiens, to make his claims to her estate ; but,
on the renewal of hostilities, he was detained as a prisoner in
France until the restoration of the Bourbon family. Eleventhly,
upon the accession of Louis XVIII., he was restored to his
rank as general in the French service, and received his full pay
both as a French general and a British colonel, from 1814 to the
downfall of Charles X., in 1830. Having refused to take the
oath of allegiance to Louis Philippe, he lost his French pay ;
but retained his pay as British colonel until 1834, when he
died, in his ninety-first year.
To return to Morgan O'Connell, of Carhen, the next elder
brother of the general. He intermarried with Catherine, sister
of The O'Mullane, of White Church, in the county of Cork,
a most respectable and ancient Irish family. By her he had
ten children, who lived to the age of maturity ; viz., four sons
and six daughters. The sons were : first, Daniel, the subject
of this sketch ; second, Maurice, an officer in the British service,
who died at St. Domingo, in 1796 ; third, John O'Connell, now
of Grena, Esq. ; and fourth, James O' Connell, now of Lake-
view, Esq., both in the county Kerry, magistrates of the county,
living on their estates. The daughters were : first, Mary,
now the relict of Jeremiah M'Carthy, of Woodview, county
Cork, Esq. ; second, Honora, who died, the wife of Daniel
O' Sullivan, of Reendonegan, in that county, Esq. ; third, Ellen,
who died, the wife of the late Daniel O'Connell, Esq., solicitor-
at-law; fourth, Bridget, now the relict of Myles M' Sweeny,
late of Drounquinney, Esq. ; fifth, Catherine, now the relict
of Humphry Moynihan, of Freemount, Esq., both in the county
Kerry ; and sixth, Ahce, wife of William Francis Finn, Esq., of
Tullyroan, in the county Kilkenny, for many years M.P. for
that county.
Morgan O'Connell, the father of the ten children above
enumerated, although a second brother, was in the enjoyment of
a good income, derived from lands acquired by his care and
industry. The first purchase which he made in lands, he was
4 SKETCH OF THE LIFE OF
obliged to make through the intervention of a trustee ; and,
although the consideration was paid by him, yet if the trustee
(who, of course, was a Protestant) had chosen to violate the
trust, he might have taken the property to himself; or any Pro-
testant in the community, who chose to file a "bill of discovery,"
could compel that trust to be disclosed, and could take possession
of the estate, without repaying any part of the purchase-money.
Such was the state of the law at that period.
Daniel O'Connell was born at Carhen, situate about a mile
from the present post-town of Cahirciveen, at the head of the
harbour of Valentia. His birth occurred on the 6th August,
1775 — a year memorable by its being that in which the first
blood was shed in the contest between England and her then
reluctantly-revolted American colonies. The first battle — that
of Lexington — was fought in the same year with, and about
three months prior to, his birth ; and the battle of Bunker's Hill,
a few weeks before that event. Thus, at the period of his birth,
the great struggle that has lasted ever since between democracy
and the aristocratic spirit and class, had commenced, nor has it
yet terminated ; neither will it soon be at an end. It, however,
dates its great commencement from the year of his birth.
Mr. O'Connell's childhood and boyhood passed at Carhen,
with the exception of visits — sometimes of considerable length —
to Darrynane, then the seat of his father's elder brother,
Maurice O'Connell, who, being childless himself, adopted his
nephews, Daniel and Maurice, and took, in a great measure, the
charge of their education upon himself.
Mr. O'Connell's first recollection is of an incident in itself
interesting, which occurred in the year 1778, when he was only
three years old. It is this. The celebrated Paul Jones, having
got the command of three French vessels of war to cruise in the
Irish seas and the English channel, recruited amongst the
British and Irish seamen who were prisoners of war at Brest,
and who were suffering all the then hideous tortures of a French
prison — horrors which created a pestilence amongst the pri-
soners. Some of them, partly to escape death and partly by
compulsion, took service with Paul Jones. A company of the
Irish Brigade, under the command of Lieutenants M'Carthy
and Stack, volunteered, as marines, on board the Bonhomme
DANIEL OCONNKLL, ESQ., M.T. 5
Richard, his flag-ship. The first land made by Paul Jones
upon his cruise from Brest, was the headlands of Kerry. When
he closed in with the land, it fell a calm ; and, the tide running
at the rate of three or four knots an hour, between the Skelligs
rock and Valentia harbour, the situation of the vessels became
dangerous, and the boats were sent a-head to tow them out of
their difficult position. Tow^ards dusk, a light breeze springing
up, the vessels got head-way, and were moving from the coast,
and signals were made for the boats to cast off and come along-
side ; but two of the crews, consisting of some of the Brest
prisoners, disregarded the signals, and, as the night darkened,
pulled manfully for shore. They reached in safety Valentia
harbour, pursuit being impossible ; and, there being no authori-
ties to whom they could give themselves up, they were hospitably
received and entertained for some nights by a gentleman of the
neighbourhood; who, however, made use of the time to procure
a military guard from Tralee, into whose charge he delivered
these deserters, much to their surprise and indignation.
Mr. O'Connell describes his being taken in his nurse's arms
to see these poor prisoners marched away for Tralee ; and the
peculiar impression made on him by one man, in particular, who
seemed the lawyer of the party, and who, from the back of the
grey nag he was riding, declaimed loudly. against the injustice
that was being done him and his shipmates.
Paul Jones, probably in revenge, made prisoners of some poor
fishermen whom he found at sea, off the coast, and took them
with him, so that they were most unwillingly present in the
celebrated action off Flamborough Head, where Commodore
Jones took the British frigate, Serapis, with the loss of his own
ship, which sunk as he boarded the Serapis. It is a singular
fact, that Lieutenants M'Carthy and Stack, who boarded with
their few surviving marines from the tops, were, although the
most exposed, the only French officers unhurt in the action, and
that one of them (M'Carthy) died a Ueutenant-colonel in the
British service ; and the other (Stack) died a general in the same
service.
The poor fishermen were taken to Brest, where they were
allowed to labour in the arsenal, and saved money by the time
they were exchanged. One of these men is but recently dead,
b SKETCH OF THE LIFE OF
at a great age. He was a native of Valentia island, by name
John Murphy ; but ever since his compulsory adventure with the
pirate, down to his latest day, was better known by the soubriquet
of " Paul Jones." Nay, such is the tenacity of the peasantry in
matters of nomenclature, that his son, a respectable young
farmer, is now known as " Young Paul Jones," and the designa-
tion is in a fair way of being perpetuated in the country. The
father was a man of great industry and integrity, and died
wealthy.
A poor old hedge schoolmaster, by name David Mahony, may
be given to fame, as the first person who taught Daniel O'Connell
his letters ; and the story of his achievement is not without a
moral to those who have the instruction of children. Happen-
ing, upon one of his rounds in quest of charitable assistance, to
visit Carhen House, he had taken young " Dan," then four
years old, upon his lap, and was playing with him ; when,
perceiving that the child's hair, which was long, had got much
tangled from exercise, he took out a box-comb and combed it
thoroughly, without hurting the child, as the rough country
maids scarcely ever failed to do. In gratitude for exemption
from his usual torture, the child readily consented to learn his
letters from the old man ; and in the short space of an hour and
a half, learned the whole alphabet perfectly and permanently.
The moral of this tale is, not that you should comb children's
heads gently, in order to ensure their learning quickly ; but
that the difficulties of teaching them, can be much lightened by a
little care to conciliate their good will to the task.
At the age of thirteen Mr. O' Connell and his brother Maurice,
a year younger than himself, were sent to the school of the Rev.
Mr. Harrington, a Catholic clergyman, at a place called
Redington, in the Long Island, two miles from Cove — the first
school publicly opened, and held by a Catholic priest, since the
penal laws. At the expiration of a year, the two brothers were
removed from this school by their uncle Maurice, in order to be
sent to the Continent to pursue their studies at greater advan-
tage ; for this purpose they were embarked in a brig bound to
London, the captain of which was to land them at Dover, whence
they were to take the packet to Ostend.
The tide being" out at Dover when the vessel arrived, those
DANIEL O CONNELL, ESQ., M.P. 7
passengers who were in haste to land, had to do so through
the surf on the open beach ; and Mr. O' Connell's first
acquaintance with England was marked by a ducking in the
surf, the boat having capsized through some mismanagement in
beaching her.
An opportunity offering in a few days, the party proceeded
to Ostend, and thence by Treykschuyt and Diligence to Liege,
where, however, a disappointment awaited them. Mr. O'Connell
was found to have passed the age when boys could be admitted as
students, and they had to retrace their steps as far as Louvain,
there to await new instructions from home.
The difference of disposition between the two boys was here
strikingly shown : Maurice, the younger, naturally enough,
availed himself of his six weeks' unexpected holydays (the inter-
change of communications between their then abiding-place and
the remote shores of Kerry, requiring that interval), to indulge
in all a boy's vacation amusements ; while, on the other hand, his
brother, feeling no relish for idleness, attended class in one of
the halls at Louvain as a volunteer, and with such assiduity,
that ere the arrival of letters from home, for which they were
waiting, he had risen to a high place in a class of one hundred
and twenty boys.
Their uncle's new orders were, that they should go to St.
Omer ; whither, accordingly, they proceeded, and remained a
year — viz., from early in the year 1791, till a similar period of
1792 — when they were removed to the English college of Douay
for some months.
Mr. O'Connell soon rose to the first place in all the classes at
St. Omer's. His two close pressing rivals have since, each of
them, reached the highest grade of their respective professions.
The one of them became a Catholic priest, and has been for
many years the Right Rev. Dr. Walsh, the venerable and most
esteemed and respected Catholic bishop of the midland district
in England. The other of them, his beloved friend and relative,
alas ! lately deceased, Christopher Fagan, went into the service
of the East India Company, in which he rose to the rank of
general, and filled that most important office (especially impor-
tant in India), judge-advocate-general of the Indian forces.
8 SKETCH OF THE LIFE OF
Such were the fortunes of the three leading boys at St.
Omer's, in the year 1791.
A letter from the Rev. Dr. Stapylton, president of the
college of St. Omer's, to Maurice O'Connell, of Darrynane,
(uncle of the subject of this memoir,) contains a curious antici-
pation, or (shall we call it ?) prophecy. The following is an
extract from that letter, dated in January, 1792: —
" You desire to have my candid opinion respecting your nephews ; and you
very properly remark, that no habit can be worse than that of tlie instructors of
youth who seek to gratify the parents of those under their care, by ascribing to
them talents and qualities which they do not really possess. You add, that,
being only the uncle of these young men, j'ou can afford to hear the real truth
respecting their abilities or deficiencies. It is not my habit to disguise the
precise truth, in reply to such inquiries as yours. You shall, therefore, have
my opinion with perfect candour.
' ' I begin with the younger — Maurice. His manner and demeanour are quite
satisfactory. He is gentlemanly in his conduct; and much loved by his
fellow-students. He is not deficient in abiUties ; but he is idle, and fond of
amusement. I do not think he will answer for any laborious profession ; but I
will answer for it, that he never will be guilty of anything discreditable. At
least, such is my firm belief.
" With respect to the elder, Daniel, I have but one sentence to write about
him, and that is, that I never was so much mistaken in my life as I shall be,
unless he be destined to make a remarkable figure in society."
Meantime all that had given any promise of good in the
Revolution, then progressing in France, was fast waning, and
becoming obscured under the thick gathering clouds of popular
fury and insanity. The end of the year '91 witnessed the
disappearance of the last faint ray of light from the murky
and overcharged political atmosphere. Thenceforward the soil
of France seemed given up to fiends newly burst from their
caverns ; and order, decency, morality, humanity, Christianity,
were at an end in that unhappy land.
He were a friend to France who would take all occasions to
remind her popular writers, and her people, of the deep debt of
atonement that Frenchmen owe to popular liberty ; to wipe
away the memory of the hideous and horrible excesses with
which their fathers disgraced that sacred cause, and furnished
arguments against it to the exulting tyrants of the earth.
It is needless to say that the times were as perilous for
strangers, as for natives ; especially English strangers ; under
which designation the unhappy continental custom (now at last
DANIEL O'CONNEI.L, ESQ., M.P. 9
beginning to be altered) of classing natives of Ireland abroad,
caused Mr. O'Connell and his brother to be included. They
had to remain, however, at Douay, during several weeks of the
reign of terror, not being able to follow the example of other
students in going home, owing to the interruption and delay of
communications from Ireland. During this latter period the
boys were several times insulted by the soldiery that passed
through Douay, on their way to and from the seat of war on the
northern frontier. On an eminence just outside the town, are the
traces of a Roman camp, attributed to Cajsar ; and here thirty-six
thousand troops, the great majority raw boys, were for some time
encamped, rendering residence at Douay still more dangerous
and disagreeable. " Little aristocrats," " young priests," &c.,
were the mildest terms in which the unbridled soldiery saluted
the boys wherever they met; and, on one occasion, the soldiers,
as they were marched through the town, heaped the fiercest
execrations and insults upon them.
At length came the order, and the funds, for the home journey.
On the 21st December, 1793, the day the unfortunate Louis
was beheaded at Paris, the brothers set out in a voiture for
Calais, which they reached early on the morning of the 23d;
not, however, without some parting compliments from their
friends, the soldiery; who went so far, as several times to strike
the head of the vehicle with their musket stocks. The English
packet-boat, aboard of which the boys proceeded with as little
delay as possible, was presently under weigh; and as she passed
out of the harbour, Mr. O'Connell and his brother eagerly tore
out of their caps the tricolour cockade, which the commonest
regard for personal safety rendered indispensable to be worn by
every one in France; and, after trampling them under foot, flung
them into the sea. This boyish outburst of natural execration
of the horrors which had been committed under that emblem,
procured them a few of those sonorous curses which only a
Frenchman can give, from some fishermen rowing past at the
moment, by whom the cockades were rescued from the waves,
and placed in their hats with all becoming reverence.
It was the packet-boat which brought over the intelligence of
the murder of the king. On board that packet-boat were the
unfortunate John and Henry Sheares, whose tragic fate, in the
10 SKETCH OF THE LIFE OF
year 1798, is so well known. To their heated minds the revo-
lution of France did not bear the same revolting aspect that it
did to others; and they were loud in praise and prediction of its
ultimate tendencies to good, in despite of the crimes and abomi-
nations marking its progress. The execution of the unhappy
Louis was freely canvassed between them and an English
gentleman on board ; and John Sheares boasted that he and
his brother had been present; having paid two national guards
for liberty to wear their uniform, and do duty for them on that
occasion. " Good heavens, sir," said the English gentleman,
"what could have induced you to desire to witness so; horrible
a spectacle?" " Love of the cause, sir," was the reply.
These misguided and mistaken gentlemen little thought then
of the dark fate which their wild theories were, ere many years,
to bring upon themselves. All was exultation and hope in their
breasts, as they nursed and amused themselves with projects of
a realization in their own country of the liberty they believed to
have been achieved by the people of that which they were leav-
ing; and even from the trivial circumstance of a quick and a
favourable sea-passage on that day, differing as it did from their
usual ill-luck at sea, (having been twice wrecked before — once
between Dublin and Parkgate; and again, on a former occasion,
in the straits they were actually crossing,) they drew an omen of
the success they fancied to await them.
Very different, as we have seen, from this undistinguishing
and indefensible approval, or from any approval of the French
revolution, was the disposition of mind of the two schoolboys.
Their religious convictions and sympathies, and their personal
feelings, alike indisposed them to view it, and all belonging to it,
with other sentiments than those of horror and loathing. By all
who were soundly Catholic in Ireland, the same sentiments were
entertained on the subject, as the boys found when they reached
home; and the after occurrences in France tending rather to
increase than diminish this odium, it is not to be wondered at
that Mr. O'Connell should, when in 1794, he became a law-
student in Lincoln' s-inn, be in a state very nearly approaching,
as he has often said, to that of a Tory at heart.
So strong and ardent were these feelings, that the celebrated
trial of Hardy and others having occurred about this time (viz.,
DANIEL O'CONNELL, ESQ., M.P. 11
October, 1794), Mr. O'Connell attended it daily, certainly not
more for the mere interest of the thing, or benefit of the law
arguments to him as a student, than for the gratification of
anti-revolutionary feeling, at seeing a supposed offender against
law and social order in a fair way of receiving condign
punishment.
To Mr. O'Connell's astonishment, he found, ere the trial had
proceeded far, that his sentiments were fast changing to those of
pity towards the accused, and of something of self-reproach for
having desired his conviction and punishment; and, each suc-
cessive day revealing more and more the trumped-up and
iniquitous nature of the prosecution, the process of change in Mr.
O'Connell's mind ended by fully and finally converting him to
popular opinions and principles, and confirming his natural
detestation of tyranny, and desire of resisting it.
His recreations, at this stage of life, consisted of two sports,
of which he is still fond — fishing and hare-hunting. His native
district of Iveragh aff"ords abundant opportunity of gratifying
these tastes ; and, from early manhood down to the present day,
the moment of escape from the busy world, and return to his
native hills, with all their sports and enjoyments, has always
been looked forward to, and seized upon, with delight. The
interest of his hunts was, at the time we are speaking of,
enhanced to him by the difficulty resulting from the smallness of
his pack ; but they were all dogs of the best breed and nose ;
and with them he accomplished feats that would have done
credit to the largest and best-appointed kennel. Often has the
writer of these pages heard him describe, in his own graphic
manner, his going out before dawn, to ensure that his few hounds
should have the help of the scent still lying; the feelings of the
party as they crouched amid the heather, waiting for day; the
larks springing all around, and the eager dogs struggling to get
free from the arms that restrained them. A wager — the only
wager of Mr. O'Connell's life — was successfully accomplished by
him with four of these hounds ; namely, the killing of four hares
in three successive days. The four hounds, in fact, ran down
and killed six hares in those three days, and vaulted another
— a feat which he boasts no four hounds von- living could
accomplish.
12 SKETCH OF THE LIFE OF
Eagerness in the pursuit of this amusement, had nearly cost
him his life in the eventful year 1798 — the same in which
he was called to the bar. After the latter occurrence, which
took place May 19, and before his first circuit, he proceeded, in
August, to Darrynane ; and there, from a young man's impru-
dence in allowing wet clothes to dry on him while he slept before
a peasant's fire, after a hard morning's hunting, was, after the
further imprudence of attempting, during a fortnight, to fight oflf
the fierce assailant, prostrated by a most severe and dangerous
typhus fever. Early in the disorder, he obtained a full conscious-
ness of his danger ; and retained that consciousness in the intervals
of the fits of delirium which came upon him violently and
frequently. Whenever the mind was able to assert its self-
control, his most constant and bitterest thought was, that he was
about to die, without having been able to gratify the instinctive
and innate feeling which from infancy had been uppermost in his
mind — the feeling of craving, that it might be his lot to do
something for Ireland ; and it is a curious fact, that, in his
ravings, he was constantly heard repeating the following lines
from the tragedy of " Douglas :" —
' ' Unknown, I die ; no tongue shall speak of me :
Some noble spirits, judging by themselves,
May yet conjecture what I might have prov'd ;
And think life only wanting to my fame !"
An affecting incident marked the turn of the disorder. When,
as he felt himself, and as he appeared to others, he was falling
into his agony, his head had slipped from the pillow, and death
would have been accelerated by the position, a cousin of his, who
was present, raised him and supported him in her arms. While
for a moment revived by this, his father came to the bedside ;
and, after contemplating him for a moment with agonized feel-
ings, addressed him with "Dan, don't you know me?" As, with
the last eff'ort of nature, the son pressed the father's hand, in
token of aff"ectionate recognition ; and, with the eff'ort, the fell
disease, that had so long been triumphant, seemed to be, for the
first time, arrested — the crisis arrived, twenty-four hours' sleep
followed, and thenceforth began, and steadily continued, the
restoration of health.
DANIEL O'CONNELL, ESQ., M.P. 13
Among the various descriptions and denominations of
yeomanry corps formed on the alarm of the deplorable insurrec-
tion of the year we are speaking of, one of the best got up, near
Dublin, and best equipped, was an artillery corps by the bar?
familiarly called the " Lawyers' Artillery." The uniform was
blue, with scarlet facings and very rich gold lace ; and, in every
respect, their appointments were excellent. In this Mr.
O'Connell served as a private ; and earned his share of the just
credit these doubly-civilian soldiers acquired by the rapid hand-
ling of their guns — equalling, as they did, the regular artillery
in their management.
There has been much blame thrown upon Mr. O'Connell, and
borne with most perfect equanimity by him, for speaking harshly
of the conduct of the United Irishmen in 1798. He has done
so, because, to use his own words, he " could not forgive them
for helping Pitt to carry the Union."
This was, certainly, the effect and result of their conduct ;
different as was their intention. The enemies of Irish rights
were thereby enabled to raise a clamour of fierce denunciation
against all semblance of opposition, no matter how constitutional
and legitimate, to the measures of government. No class in
society are more excitable, nor easier misled and hurried into
grave error, than the bulk of the owners of property ; and their
timidity and selfish jealousy being artfully appealed to by the
minister, they speedily forgot, or disregarded, all distinction
between political right and wrong, and encouraged and hallooed
on the government to repress popular opinion with the strong
hand. The hideous atrocities of the French republicans were
unsparingly ascribed in intention to all who exerted themselves,
no matter how constitutionally, to make a last rally against the
plunder and degradation of Ireland ; and many a good man
shrank back from giving most useful assistance in the struggle,
through abhorrence of the foul imputation, and fear of being
confounded with the advocates of violence and bloodshed.
Young as Mr. O'Connell was, when these men were in the
hottest of their zeal and their hopes, his judgment and reason
had already moved him so strongly to recognise the great prin-
ciple, which it has been the business and great object of his life
to propagate and establish — the principle of avoiding all violence,
14 _ SKETCH OF THE LIFE OF
of shunning with abhorrence everything that could, even remotely,
tend to causing the loss of one drop of human blood — that he
held aloof from the society of the United Irishmen, attending
strictly to his professional studies, though not the less watching
closely each move of the political world at home and abroad with
something of the feeling of the sailor, who, ere the hour has
come for weighing anchor, is yet seen observing every change of
the heavens and the ocean, and every vicissitude of the vessels in
the offing, to gather what warning he may.
Still ardour, and enthusiasm, and fearless devotedness have
their contagion, especially with young men; and Mr. O'Connell
might not have altogether escaped the wide-spread meshes of
the rebellion, but for a chance circumstance which we shall
narrate as briefly as possible.
Nearly a stranger in Dublin, he had the more appreciated the
hospitality of the few w^hom he did know ; and amongst these
was one, a Mr. Murray, then of Great George's-street, at whose
house he was a frequent guest. At a time when, as is well
known, the habits of society were, unfortunately, of too convivial a
nature — gentlemen seldom leaving the dining-room until scarcely
able to do so of their own motion — Mr. O'Connell had, from a
reasoning as well as a natural disinclination to the disgusting
custom, more than once incurred the not-very-damaging abuse
and reproaches of the common herd of boon companions. In his
native county he had been the first to strike a blow at the
abominable practice of locking the door after dinner — insisting
at a jovial meeting, where it was thus sought to restrain him, on
having the door unlocked ; which was done after considerable
opposition and angry remonstrance.
On one occasion, however (perhaps the only one of his life),
at the table of Mr. Murray, already mentioned, about the month
of March, of the year 1798, he was betrayed, by the heat of
a political discussion, into some forgetfulness of his constant
habit of temperance ; and took what to him was inconvenient,
although to the well-soaked brains of most of his compeers
it would have been of no consequence. Returning that
night full of self-reproach and annoyance at the unaccustomed
sensations he had subjected himself to, his interposition
to save a wretched female from the blows of some cowardly
DANIEL O'CONNELL, ESQ., M.P. 15
ruffians, in the garb of gentlemen, drew upon him the attack of
the whole party ; but for awhile (owing to his great strength
and activity) with signal discomfiture to themselves, three being
knocked down by him in succession. However, one of the latter,
on getting up, came behind and pinioned him, and so he was over-
powered— receiving, while in this defenceless position, and ere
he could free himself, several blows on the face, by which it was
so disfigured, as to render a few days' confinement to the house
advisable. While under this irksome restraint, his landlord,
a most respectable tradesman (well known long afterwards to the
Dublin theatre-going folk as Regan the fruiterer), then pur-
veyor to the Castle of Dublin, took the liberty of his years, and
permitted but respectful familiarity, to warn his young lodger
from committing himself politically — detailing the dark hints rife
in the purlieus of the Castle, of the deep and fearful game the
government were playing in allowing the insurrection to mature,
while they kept themselves ready, and had it in their power to
lay hands upon its leaders at any moment.
The truth and value of his anxious warnings did not Ions'
delay to appear. Within a very brief period after this occurrence
(quite long enough, however, to have given occasion for incur-
ring the danger, but for the warning), arrests were made ; and,
amongst others, he whose virtues and true nobility of soul would
have shed a lustre upon any cause, was made prisoner, and
wounded, when so, by the base slaves of a base government.
Their dastard cruelty was yet merciful, as Lord Edward
Fitzgerald died in prison from his wounds, and so escaped the
felon hands of the executioner.
We are not writing a history of this melancholy period. Even
at the distance of forty-five years, the retrospect is one of the most
fearfully exciting that can well be made. The blood boils, and
mounts to the brain at the thought of it. The madness of the
people — the worse madness of their leaders — the hateful and
'Unchristian policy of the government — the licence given to a
party in the state (to the Orangemen of high and low degree) to
work their will in exasperating the wretched people (licence used
until some of the worst scenes of the anarchic and anti-social
revolution of France were paralleled) : all these present a picture
that makes the mind glad to turn away to anything — even to the
16 SKETCH OF THE LIFE OF
present miseries of our country , but still more gladly to her bright
and self-earned hopes of the future, rather than dwell upon that
which even yet might madden and unfit us for the coming times
of peace and conciliation.
Let us, therefore, return to Mr. O'Connell's personal history.
The fact is too well known to need our repetition, that Mr.
O'Connell's first public effort was made against the measure of
the Union. At the period when that nefarious measure was
agitated, the Catholic body had, for the first time since the
Revolution of 1688, come to be of importance in the state,
and of considerable importance. A probability, exaggerated by
the fears of the minister, existed, that men of all creeds would
combine to oppose the iniquity he was seeking to perpetrate.
The infamous wiles, by which he had sought to win over the
privileged class in the state, were, at least to some extent, failing
to realize his base expectations. Despite the demoralizing
influence of the money then so lavishly expended, and the even
more demoralizing and corrupting influence of the long and cruel
ascendancy which one class of Irishmen had been given, and had
exercised over their countrymen ; still what remained of public
spirit in Ireland could not be so utterly oblivious of the pledges,
and achievements, and glories of 1779-1782, as patiently to suffer
the country to pass under the Candine forks, and sink from her
high position as an independent nation, into all the debasement
of a miserable mendicant province.
Seldom, in the history of the world, have any set of men been
so beset with evil temptations as the Protestants of Ireland
since the • Revolution. The gratification of every passion
and prejudice was, until of recent years, unreservedly in their
hands. Place was for them, power was for them, emolument
was for them ; nay, civil liberty and the commonest, as well as
the more extended, rights of property were exclusively in their
hands. The Catholic was nothing ; or, if the phrase may be
used, was in a condition worse for himself, than if he had been
considered literally as nought. The law recognised him ; but,
as was well expressed by an English judge in Ireland, he " was
well known to the law only for the purpose of punishment."
Drufjffed and intoxicated with the deleterious influences to
which they were thus subjected, it cannot be matter of wonder
DANIEL O'CONNELL, ESQ., M. P. 17
that human nature had yielded ; and so the spectacle was pre-
sented, throughout a century, of men discharging, doubtless, all
the duties of private life, so far as regarded their own families,
connections, and class, with the average fidelity and rectitude ;
and yet constantly, steadily, and placidly, lying under the guilt,
and enjoying the profits of the terrible guilt in which they were
involved by their concurrence in the penal laws against the
great bulk of their fellow-countrymen.
Still even from this moral lethargy, worse than death, men could
be woke up, and the Protestants of Ireland were aroused
towards the end of the century. Too much — fatally too much
of the old spirit remained, leavening the glorious efforts of
1779-1782. Exclusion still was to be maintained; Catholics
were, indeed, recognised as Irishmen, but as Irishmen of
lesser stamp, of limited birthrights, of inferior destiny. The
honoured names of Flood and Charlemont stood against the
political and civil rights of their countrymen. But in good or
evil, men seldom make a bold advance, but that the onward
impulse will continue. Crippled as the Irish parliament still
was, subject yet to the worst influences of bribery and corruption;
the echoes of '82 did not quite die away within its walls
without swelling the cry for Catholic relief. Under its influence
measures of relief were passed, of which the effect, of course,
was, to render the Catholic body of more weight in the state,
and that weight they readily and heartily threw into the national
scale. The patriotic party in parliament and throughout the
country, found their hands strengthened by the concessions they
had themselves originated, and they naturally inclined to persevere
in a course already so productive of benefit to their views.
The English party correspondingly resolved to nullify this new
source of strength to their opponents. Nothing offered of
efficiency for this purpose, save the long-meditated, but (on
account of its difficulties) long-delayed measure of the union.
Only by the entire deprivation of her legislative powers could
Ireland be hindered of the blessings that would be ensured,
were the new-born spirit of mutual conciliation and assistance
among her people to be allowed time to strengthen and pro-
gress.
It is well known that by the joint agency of the foul means of
c
18 MEMOIR AND SPEECHES OF
i
a rebellion, fomented just long enough to give excuse for
outrageous military violence, and of gross pecuniary corruption,
the English party succeeded, and Ireland's liberties and hope
were crushed and overthrown. The success, however, was not
easy. The rebellion had well nigh been a revolution. The
bribery design failed with many. The spirit of nationality did
not pass away without a struggle. Protestants yet rallied,
despite the potent appeals to their fears, passions, prejudices,
most intimate interests — gallantly they rallied for Ireland; and
thanks to their noble efforts, there was more than one
occasion when the fabric the minister had, with such base
zeal, and painful and degrading toil, sought to erect over
the landmarks of Irish liberty, seemed about to tumble upon,
and crush him in its hideous ruin.
In this peril the bright idea struck him of seeking to bribe
the despised Catholics also, since the proud and pampered
Protestant party would not all consent to sell their birthright.
Efforts were made to this end, and were, in a few quarters, suc-
cessful to an extent, that it would be uselessly painful to describe.
The great bulk of the Catholics, indeed, gave unmistakable
symptoms of non-acquiescence, but they were unaccustomed to
act together, or almost at all in public. Some rallying
point, some centre of union, was wanting to prevent them
from being misled, or seduced and divided; in short, some
leader was wanting — and the time being come, the leader
appeared.
Circumstances of relationship, and affection should not be
held absolutely to limit the expression of opinion on the acts of
a public man. The step was a bold one — a very bold one — which
Mr. O'Connell now took. Terrorism was the order of the
day — tyrannous, intolerant, brutal terrorism. To be suspected
of national feeling was then (and for some years afterwards) as
dangerous in Ireland, as the suspicion of aristocratic tendencies
had recently been in France. Even Protestants, the favoured
race, had come under the ban of persecution on this score; several
of them — one illustrious above all — one, the purest spirit of his
time — almost of any time — the gifted, the ardent, the enthusi-
astic, the devoted Fitzgerald, had been made to pay the
penalty of life for loving Ireland. The constitution existed but
DANIEL O'CONNELL, ESQ., M. P. 1^
in name — law had no operation, save as it might forward the
views and intents of the wretches in authority- — dissent, or even
silent non-acquiescence in the ultra notions then afloat con-
cerning royal prerogative and power, was little short of
sedition ; open remonstrance against the will of the government
was nearly confounded with open treason. At such a time, for a
Catholic, a young, unknown, unfriended Catholic, to come
forward to oppose the government, words could not speak the
indignation of the satelhtes of the latter at such unheard-of,
undreamed-of audacity ; nor, in truth, adequately describe the
danger in which he was placing himself.
Of his own frequent descriptions in speeches, letters, &c.,
of the state of those times, one of the most succinct and impres-
sive is in his report, of April, 1840, to the newly-formed Repeal
Association, on the " means by which the Union was carried."
"The second means for carrying the union were — 'the
deprivation of all legal protection to liberty or life — the familiar
use of torture — the trials by courts-martial — the forcible
suppression of public meetings — the total stifling of public
opinion — and the use of armed violence.'
" All the time the Union was under discussion, the Habeas
Corpus act was suspended — no man could call one hour's
liberty his own.
"All the time the Union was under discussion, courts-
martial had power unlimited over life and limb. Bound by
no definite form or charge, nor by any rule of evidence, the
courts-martial threatened with death, those who should
dare to resist the spoliation of their birthrights.
" There was no redress for the most cruel and tyrannical
imprisonment. The persons of the king's Irish subjects were at
the caprice of the kinfs ministers. The lives of the king's Irish
subjects were at the sport and ichim of the bogs, goung and old,
of the motehj corps of English militia, Welsh mountaineers,
Scotch fencibles, and Irish geomanry. At such a moment as
that, when the gaols xoere crammed tvith unaccused victims, and
the scaffolds icere reeking icith the blood of untried wretches —
at such a moment as that, was it, that the British minister
committed this act of spoliation and robbery, which en-
riched England but little, and made Ireland poor indeed.
20 MEMOIR AND SPEECHES OF
" Besides the suspension of the Habeas Corpus Act, and
the consequent insecurity to personal liberty — besides the
existence of courts-martial, and the consequent insecurity of
human life ; besides all these, actual force was used — meetings
of counties, duly convened to deliberate on the measure, were
dispersed by military force. It was not at Maryborough or
Clonmel alone, that the military were called out, horse, foot,
and artillery, to scatter — and they did scatter — meetings
convened by the legal authorities, to expostulate, to petition
against the Union. Force was a peculiar instrument to suppress
all constitutional opposition.
" Why should we dwell longer on this part of the subject,
when in a single paragraph we have, in eloquent language, a
masterly description, which easily supersedes any attempt of
ours? Here are the words of Plunket — ' I will be bold to
say, that licentious and impious France, in all the unrestrained
excesses that anarchy and Atheism have given birth to,
has not committed a more insidious act against her enemy,
than is now attempted by the professed champion of civilized
Europe against Ireland — a friend and ally — in the hour of
her calamity and distress. At a moment when our country is
filled with British troops — whilst the Habeas Corpus Act is
suspended — whilst trials by courts-martial are carrying on in
many parts of the kingdom — while the people are made to
believe that they have no right to meet and deliberate, and
whilst the people are palsied by their fears, at the moment
when we are distracted by internal dissensions — dissensions
kept alive as the pretext of our present subjugation, and the
instrument of our future thraldom ! ! ! Such is the time in
which the Union is proposed.' "
Undeterred by all this, the Catholics of Dublin assembled in
the Royal Exchange Hall, on the 13th January, 1800, to
petition against the Union; and Mr. O'Connell, who had taken
the chief part in the preliminary arrangements, maintained it
during the proceedings. Ere these had gone far, the measured
tramp of soldiery was heard, and presently the red-coats ap-
peared under the main portico, facing Parliament-street. The
noise of their approach, and the sudden halt, with the clashing
of the muskets as they were grounded on the flag-stones, struck
DANIEL O'CONNELL, ESQ., M. P. 21
terror into many a timid heart, and caused a sensible diminution
along the outskirts of the meeting; but the main body stood firm,
while Mr. O'Connell, and a few of the principal gentlemen,
advanced to meet the officer in command of the soldiers. This
was the Major Sirr, whose name occurs so frequently in the
dark records of the internal government of Ireland at that
unhappy time. He inquired the objects, &c., of the assemblage,
and evidently disappointed at the peace, and order, and readi-
ness to submit to the law, which he found prevailing, reluctantly
suffered the meeting to proceed.
The first in our collection of Mr. O'Connell's speeches, is
that delivered by him on the occasion of this meeting. It was
his maiden speech; and the opinion he therein expressed, to the
efi'ect that the old penal laws, in their worst enormity, were pre-
ferable to that concentration of penal enactments which practi-
cally exists in the Union statute, is the opinion that he entertains
to the present day : — •
Counsellor O'Connell rose, and in a short speech prefaced the
resolutions. He said that the question of Union was confessedly one
of the first importance and magnitude. Sunk, indeed, in more than
criminal apathy, must that Irishman be, who could feel indifference
on the subject. It was a measure, to the consideration of which we
were called by every illumination of the understanding, and every
feeling of the heart. There was, therefore, no necessity to apologize
for the introducing the discussion of the question amongst Irishmen.
But before he brought forward any resolution, he craved permission
to make a few observations on the causes which produced the neces-
sity of meeting as Catholics — as a separate and distinct body. In
doing so, he thought he would clearly show that they were justifiable
in at length deviating from a resolution which they had heretofore
formed. The enlightened mind of the Catholics had taught them the
impolicy, the illiberality, and the injustice of separating themselves
on any occasion from the rest of the people of Ireland. The Catholics
had therefore resolved, and they had wisely resolved, never more to
appear before the public as a distinct and separate body ; but they
did not — they could not then foresee the unfortunately existing cir-
cumstances of this moment. They could not then foresee that they
would be reduced to the necessity either of submitting to the dis-
graceful imputation of approving of a measure as detestable to them,
22 MEMOIR AND SPEECHES OF
as it was ruinous to their country ; or once again, and he trusted for
the last time, of coming forward as a distinct body.
There was no man present but was acquainted with the industry
with which it was circulated, that the Catholics were favourable to
the Union. In vain did multitudes of that body, in different capa-
cities, express their disapprobation of the measure ; in vain did they
concur with others of their fello\Y-subjects in expressing their abhor-
rence of it — as freemen or freeholders — electors of counties or inha-
bitants of cities — still the calumny was repeated ; it was printed in
journal after journal ; it was published in pamphlet after pamphlet j
it was circulated with activity in private companies ; it was boldly
and loudly proclaimed in public assemblies. How this clamour was
raised, and how it was supported, was manifest — the motives of it
were apparent.
In vain had the Catholics (individually) endeavoured to resist the
torrent. Their future efforts, as individuals, would be equally vain
and fruitless : they must then oppose it collectively.
There was another reason why they should come forward as a
distinct class — a reason which he confessed had made the greatest
impression upon his feelings. Not content with falsely asserting, that
the Catholics favoured the extinction of Ireland, this their supposed
inclination was attributed to the foulest motives — motives which
were most repugnant to their judgments, and most abhorrent to their
hearts. It was said that the Catholics were ready to sell their
country for a price, or, what was still more depraved, to abandon it
on account of the unfortunate animosities which the wretched temper
of the times had produced. Can they remain silent under so horrible
a calumny! This calumny was flung on the whole body — it was
incumbent on the whole body to come forward and contradict it ;
yes, they will show every friend of Ireland, that the Catholics are
incapable of selling their country ; they will loudly declare, that if
their emancipation were offei-ed for their consent to the measure — even
were emancipation after the union a benefit — they would reject it
with prompt indignation. (This sentiment met with approbation.)
" Let us," said he, " shov/ to Ireland, that we have nothing in view
but her good ; nothing in our hearts but the desire of mutual forgive-
ness, mutual toleration, and mutual affection ; in fine, let every
man who feels with me proclaim, that if the alternative were
offered him of union, or the re-enactment of the penal code in all
its pristine horrors, that he would prefer without hesitation the
latter, as the lesser and more sufferable evil ; that he would rather
DANIEL O'CONNELL, ESQ., M.P. 23
confide iu the justice of his brethren, the Protestants of Ireland,
who have already liberated him, than lay his country at the feet of
foreigners." (This sentiment was met with much and marked ap-
l^robation.) With regard to the union, so much had been said — so
much had been written on the subject, that it was impossible any
man should not before now have formed an opinion of it. He would
not trespass on their attention in repeating arguments which they
had already heard, and topics which they had already considered ;
but if there was any man present who could be so far mentally
degraded, as to consent to the extinction of the liberty, the constitu-
tion, and even the nam6 of Ireland, he would call on him not to
leave the direction and management of his commerce and property
to strangers, over whom he could have no control.
He then concluded by moving the resolutions, which being
seconded, passed unanimously, and the meeting broke up.
The following were the resolutions passed at the meeting.
They were drawn up by Mr. O'Connell himself: —
" Royal Exchange, Dublin, January 13, 1800.
"At a numerous and respectable meeting of the lloman Catholics of the city
of Dublin, convened pursuant to public notice, Ambrose Moore, Esq., in the
chair —
" Resolved — ' That we are of opinion that the proposed incorporate Union of
the legislature of Great Britain and Ireland is, in fact, an extinction of the
liberty of this country, which would be reduced to the abject condition of a
province, surrendered to the mercy of the minister and legislature of another
country, to be bound by their absolute will and taxed at tbeir pleasure by laws,
in the making of wMch this country would have no efficient participation
whatsoever.'
"Resolved — 'That we are of opinion that the improvement of Ireland for
the last twenty years, so rapid beyond example, is to be ascribed whollj^ to the
independency of our legislature, so gloriously asserted in the year 1782, by
virtue of our parliament co-operating with the generous recommendation of
our most gracious and benevolent sovereign, and backed by the spirit of our
people, and so solemnly ratified by both kingdoms as the only true and
permanent foundation of Irish prosperity and British connection.'
" Resolved — 'That we are of opinion, that if that independency should ever
be surrendered, we must as rapidly relapse into our former depression and
misery ; and that Ireland must inevitably lose, with her hberty, all that she
has acquired in wealth, and industry, and civUization.'
" Resolved — ' That we are firmly convinced, that the supposed advantages of
such a surrender are unreal and delusive, and can never arise in fact ; and that
even if they should arise, they would be only the bounty of the master to the
slave, held by his courtesy, and resumable at his pleasure.'
" Resolved — ' That — having heretofore determined not to come forward any
more in the distinct character of CathoUcs, but to consider our claims and our
cause not as those of a sect, but as involved in the general fate of our country —
we now think it right, notwithstanding such determination, to publish the pre-
sent resolutions, in order to undeceive our fellow-subjects who may have been
24 MEMOIR AND SPEECHES OF
led to believe, by a false representation, that we are capable of giving any con-
currence whatsoever to so foul and fatal a project ; to assure them we are
incapable of sacrificing our common country to either pique or pretension ; and
that we are of opinion, that this deadly attack upon the nation is the great call
of nature, of country, and posterity upon Irishmen of all descriptions and per-
suasions, to every constitutional and legal resistance ; and that we sacredly
pledge ourselves to persevere in obedience to that call as long as we have life.'
" Signed, by order,
"James Eyan, Sec."
It was at somewhat of an earlier period of the Union-discus-
sion that Mr. O'Connell was one of a supper-party, at a tavern
in Dawson-street, where a member of parliament, reproached
another member present with having voted for the Union, when
he, a much poorer man, had resisted the minister's solicitations.
He appealed to " the young gentleman present," whether it was
not an unworthy act. That " young gentleman's" opinion was
declared very soon afterwards, however modesty and courtesy
may have then restrained his tongue, and forty-five years since
have shown it not an opinion lightly taken up.
Yielding to the obvious necessity in a sketch, such as this can
alone be, of Mr. O'Connell's life, we pass the eventful period of
'98 — 1800, without going into more details, although necessarily
leaving much of deep interest untouched. It is Mr. O'Connell's
intention to write his own life, if he can find leisure; and, in the
event of his being able so to do, the more the omissions in the
present sketch, with regard to details of interest, the better for
the public.
The calamitous occurrences of 1803, found Mr. O'Connell
a barrister, already in good practice for so young a lawyer. He
was again summoned to bear his part in the general arming
which took place on the breaking out of the short, but most
disastrous insurrection of that year, and served in " the lawyers'
infantry;" such being the description of arm which the bar then
chose. On two or three occasions, while out on duty, he
incurred much risk himself, in preventing some of the many acts
of wanton cruelty which the exasperated citizen-soldiery were
only too ready to commit. A member of the attorneys' corps
(a cavalry corps) sought to cut down an unofi'ending man, who,
frightened and defenceless, was seeking only to get out of the
way of the armed men, in whose presence he had suddenly found
DANIEL O'CONNELL, ESQ., M. P. 25
himself; Mr. O'Connell received on the barrel of his musket the
sword-cut intended for the poor wretch, and the weapon was
deeply indented with the force of the blow. For a moment, it
appeared likely that the disappointed and enraged attorney
would have turned his fury on Mr. O'Connell himself, but
Mr. WaD-ffet, afterwards recorder of Cork, who was Mr.
O'Connell's sergeant, coming up just then, and briefly gathering
the particulars of the matter, took Mr. O'Connell's part effec-
tively, by charging the horseman with his levelled halbert, before
which he was glad to flee, amid a shower of violent reproaches
from his assailant.
On another occasion, when posted as sentry near one of the
canal bridges, he was ordered by an officer to fire upon some
unarmed country people, who chanced to pass at the other side
of the canal, at a prohibited hour of the night, and he utterly
refused. A third time he was in peril, when, being with a party
who had orders to search a hotel in James's-street, for suspected
parties who were thought to have arrived there by the canal
boat, he had singly to oppose the wanton and licentious violence
of his comrades, who sought to drag an inoffensive stranger and
his wife from their beds.
His experience in these sad times has left an indelible impres-
sion upon him of the danger of entrusting civilians with arms ;
the tendency, in his own words, that a man has, " when he has
arms in his hands, to be a ruffian," being uncontroll^ by that
custom of bearing them under strict restraints and practices of
long discipline, which makes the soldier patient and forbearing.
The " lawyers' infantry" were, of course, composed of gentle-
men. The education for the arduous profession of the bar should,
one would have thought, have tended to refine the mind, and
teach restraint over the brute impulses; and yet, among
some, there was a spirit of licence and outrage prevailing,
that the most reckless and disordered soldiery could scarcely
equal.
Stricken down to the earth, as Irish public spirit might
well have been, after the distractions and disasters of 1803,
following so close as they did on the monster catas-
trophe of 1800, we yet find the Catholic body so active
in 1804, as to have incurred the hostility of the government.
26 MEMOIR AND SPEECHES OF
In submission to their proclamation, the Catholic Board was dis-
solved ; but only to arise under another name, as the " Catholic
Committee."
In the succeeding year it was determined to test, once more,
the sincerity of Pitt, who, since his return to office, had shown
no disposition to risk losing his place again, as he lost it in
1801, by attempting to redeem his Union-promises to the
Catholics, Lords Fingall, Shrewsbury, Kenraare, Southwell,
and Triraleston, with Sir Edward Bellew and Messrs. Scully
and Ryan, were deputed to wait on him, with three alternatives,
viz. : —
1st. That he should present the petition they bore, and
introduce a measure of Emancipation.
2nd. That he should present the petition, and pass a resolution
in favour of it. And,
3rd. That he should simply present, and move it to lie on the
table.
Even the last small favour he refused, because of the
" obstacles," as he said, " in a certain quarter."
These words referred, of course, to the king, George III.,
a man whose natural narrow-mindedness and badness of heart,
had now got the intensity of that madness, which, a few years
later, openly declared itself.
Notwithstanding this discouragement, the petition was pre-
sented. Lord Grenville had the charge of it in the upper
house, where his motion for taking it into consideration was
rejected by 178 to 49 ; and the celebrated Fox introduced it in
the lower, where the result was similarly unfavourable ; 336
voting^ against him, and but 1 24 on his side.
The accession of the Whigs to power, on the death of Pitt, in
January, 1806, gave new hopes to the Catholics. But with
those hopes there arose a controversy amongst them. The
" wait-a-while" policy, to which, on the coming in of the same
party in 1831, we were so angrily exhorted, had its advocates
in 1806, as in the latter period. It was said, " Do not embarass
the Whigs — they are our friends — give them time — only let them
alone, and you shall see what great things they will do." John
Keogh, of Mount Jerome, the old leader of the Irish Catholics,
assisted the counsellors of this policy on different grounds. He
DANIEL O'CONNELL, ESQ., M.P. 27
argued that the Catholic body would lower themselves were
they to be constantly petitioning. That after the manner in
which the parliament had treated them in the year just gone, it
would not be becoming for them so soon again to present them-
selves as humble petitioners. That they should wait in what
he styled " dignified silence," till they should see whether, under
the change of government, there would be a change of parlia-
mentary policy, and how their Whig friends would set about
reducing to practice their old professions of good will.
Mr. O'Connell, however, could not see, either then or at the
subsequent period alluded to, the validity of any of the arguments
for delay. Quiesence, in his opinion, would but relieve their inve-
terate foes, in parliament, of the annoyances which they complained
of from agitation ; and would tend still further to dishearten the
popular mind in Ireland, and dangerously diminish what little
there remained of hope for redress of grievances by constitutional
means. He, therefore, however reluctantly, had to array himself
in opposition to Mr. Keogh ; and at a meeting in the Assembly
Rooms, William-street, (the present place of meeting of the
Dublin Corporation,) he succeeded, a good deal aided by Mr,
Keogh's accidental absence during a great part of the discussion,
in carrying his own views. Mr. Keogh returned to the rooms
just as the meeting was dividing on Mr. O'Connell's motion for
petitioning, and was much annoyed to* find himself beaten by
134 to 110.
The first regularly reported debate of the Catholic body is to
be found in the Dublin newspapers of January, 1808. They
met at what was then, and long after, called, the " Exhibition
House," in William-street — subsequently, and at present, the
Corporation House of Assembly — on Tuesday, the 1 9th of
January, for, as their announcement said, " the purpose of sub-
mitting certain resolutions, as well as to consider the propriety
of presenting a petition to the Imperial Parliament, praying the
removal of the disabilities under which the body had so long
and so patiently laboured."
The Earl of Fingall was in the chair, and the proceedings
were opened by Count Dalton, who, after alluding to the acci-
dental absence of Lord Gormanstown, moved a resolution,
expressing anxiety to petition Parliament for a Repeal of the
28 MEMOIR AND SPEECHES OF
Penal Laws, and declaring that to be the " critical juncture
when such a petition ought, without delay, to be transmitted."
John Byrne, Esq., of Mullinahack, seconded the motion, and
deprecated divisions amongst the Catholics.
Mathew O' Conor, Esq., of Mount Druid, (the recently
deceased author of the " Military History of Ireland,") opposed
it. The following was the substance of his strange argument :
" Although my mind is forcibly impressed with the
propriety and even necessity of petitioning, yet, my lord, there are
some gentlemen for whose opinions I entertain the highest respect,
and on whose judgment I have the utmost reliance, who seem to think
that this measure will only expose us to the mockery and insult of
men in power ; to derision, rejection, and defeat ; that we have
already done everything to impress on the legislature and the people
of Great Britain, the justice, the policy, and expediency of our
Emancipation : and that we should leave our cause in the liands of
Providence, until a Grattan, or a Ponsonby, or some other great
luminary shall dispel the clouds that now darken his Majesty's
councils ; and in the redeeming spirit of the constitution, rescue us
from our slavery and degradation. I submit it, my lord, that the
opinions of the gentlemen to whom I allude, who have great expe-
rience in our affairs, should induce us to pause and deliberate ;
besides, I have it from the most unquestionable authority, that some
of our best patriots — some of the greatest statesmen in the empire —
men who have the cause of the Catholics at heart as much as any
Catholic who hears me, are most decidedly convinced that your pre-
ferring your petition at this moment will be injurious to our interests
and will only tend to distract the councils of the empire. Amidst
these conflicting opinions, let me conjure you to pause before you
precipitate a measure of such importance."
Mr. O' Conor went on to complain of the hasty manner,
according to him, in which the meeting had been summoned.
He further objected to the particular resolution then before
them ; that it spoke of the necessity of repeal of Catholic disa-
bilities, and left out mention of those affecting dissenters, and
ended with a protest against a portion of the proposed petition,
which traced the origin of the Catholic restrictions to the reign
of William III ; who, he declared, " cherished and protected
the Irish Catholic T He moved an amendment to adjourn.
DANIEL O'CONNELL, ESQ., M.P. 29
Mr. Clinch seconded the amendment, in a speech similar in
its topics and tendency.
The following is the report of Mr. O'Connell's speech on this
occasion. We extract it from The Dublin Evening Post of
Saturday, January 23, 1808 : —
" Mr. O'Connell said he had not intended to address the meeting.
His anxiety for the Catholic cause alone brought him forward. He
entertained no apprehension about Catholic Emancipation, but such
as might arise from the conduct of the Catholics themselves. He
could not avoid asking whether the public time was to be wasted by
childish and puerile objections — objections that could only manifest a
spirit of division, a feeling of party, and a miserable ambition of
leadership. "With every faculty of his mind awake to the deplorable
consequences of division, he should not cease to exert all the energy
of his soul to stimulate their minds to unanimity. When an adjourn-
ment was proposed, he expected to hear it supported by some kind of
argument ; had any existed, it would certainly have been put forward
by the eloquent gentlemen who had already spoken ; that they had
not condescended to reason was to him decisive proof that no plausible
reason existed. No man was more ready to abandon his opinion to
argument, but he could not agree to a measure fraught with mis-
chievous consequences, merely because one gentleman made a motion,
and another was pleased to second it. He would entreat of gentle-
men to take a cautious view of the precipice which opened to them,
should they suffer their good sense to be led away by any motives, to
the adoption of the sentiments excited industriously ; but for no good
purpose excited by those who would divide the Catholic body.
Common sense alone ought to be a sufficient protection against the
insidious attempt. He begged to remind gentlemen of what had
taken place at the last meeting. The generous feelings of Catholics
had gained precedence of their interests, and they had given up the
presenting of their petition, in the last session of Parliament, to their
gratitude towards their political advocates. There was another
reason for that sacrifice : a stupid and atrocious spirit of bigotry had
been fomented in England, even by ministerial authority ; and the
Catholics had generously withdrawn from the struggle, that they
might deprive British intolerance of even the shadow of an excuse.
He recollected with pleasure the splendid exertions of the ancient
advocate of the Catholic cause, (John Keogh,) upon that occasion.
He it was that had urged the topics just alluded to, with irresistible
30 MEMOIR AND SPEECHES OF
force ; and had not an illness, now deeply to be deplored, prevented
his attendance this day, division in the Catholic body could not be
feared. His powers of reasoning would have frightened away the
captious objections taken to the resolution, and the Catholics of Ire-
land Avould have again to thank their old and useful servant for the
preservation of their honour, and the support of their interests. Mr.
O'Connell called the attention of the meeting to the resolution which
had unanimously passed at the last meeting ; and by which the care
of the Catholic petition was entrusted to the noble earl in the chair.
It was committed to his sole management. Neither jealousy could
suggest, nor folly express an objection to the resolution which had so
committed it. It was unnecessary for him, and indeed he had not the
powers to put, in their proper point of view, the qualities that
called for and justified that confidence ; and the presence of the noble
lord restrained the effusions of public gratitude for his services, but
the impression was the more deeply felt for being cherished only in
the silence of the heart — [Mr. O'Connell was here interrupted by
loud and repeated acclamations :] — Well, to Lord Fingall you com-
mitted the sole management of your petition ; he accepted the office ;
he was authorized to act for himself ; and it is attempted to be insi-
nuated to this meeting that he has not acted consistently ; because,
when he might have acted upon his own suggestions alone, he
anxiously and industriously sought for the advice and assistance of
every individual who had heretofore taken part in the Catholic ques-
tion. This, under the resolution of the last meeting, was an unneces-
sary condescension ; but assuredly it was the more amiable and the
less liable to objection. Yet what was the ground the supporters of
an adjournment went upon ? It amounted to this ; that Lord FingaU
had done, with advice and deliberation, that which he might have
done instantly and alone. Was the calling of the present meeting
less the act of Lord Fingall, because the opinions and judgments of
so many whom he had consulted concurred with him in its propriety ?
To such absurdity were his opponents driven, that they must support
the affirmative of the proposition. But it was said that there had
been no notice given of the present meeting. It was strange to hear
this objection urged by gentlemen whose presence seemed to admit
that the notice was sufficient. However, what was the fact ? Had
not that meeting been announced in all the Dublin papers more than
ten days previously ? It could not be denied that it had been so
announced ; still a pretext was left, and they had been gravely told
that it was true the announcement of the meeting liad been published,
DANIEL O'CONNELL, ESQ., M.V. 31
but that it was published in form of a paragraph, and not of an
advertisement. Here then it stood admitted that it was not for sub-
stance, but mere matter of form, that the Catholic body was to be
divided. One would imagine that division was a good thing, when
so flimsy a pretext was resorted to, to produce it. He trusted that
the gentlemen themselves would abandon their opposition, when they
saw the question put in this, its proper light. The Catholics of every
part of Ireland had been consulted : their sentiments as to the pro-
priety of petitioning had been requii'ed by letter. Numerous answers
had been received from the most respectable persons in all the
counties, who all concurred in this one opinion, that the petition
should be forwarded without the smallest delay. In some parts the
Catholics had already gone further — meetings had been held in the
cities of Cork and Waterford, and resolutions to that effect entered
into ; nay, the petition had not only the good wishes of our liberal
and enlightened Protestant brethren of Ireland, but some of them had
expressed their sentiments by a public resolution ; he alluded to that
of the nobility and gentry of the county of Tipperary. Their con-
duct, patriotic as it was amiable, useful as well as benevolent, was
the theme of general admiration. He regretted that he could not
speak of it in terms according with the gi-atitude of his heart. It
reminded him, however, of that affectionate attention and care for
the rights of Irishmen, warmed, though not created, by the benevo-
lent recommendation of our beloved sovereign, which has induced the
Irish Protestants of the present generation to break the fetters of the
Catholic, and totally to emancipate the Presbyterian — a wise and
magnanimous policy, which would have long since restored the
Catholic to complete freedom, had their cause and their country been
left in the hands of Irish Protestants (loud and repeated applause.)
Under those circumstances, nothing but disunion among themselves
could ever retard the Catholic cause. Division, while it rendered
them the object of disgust to their friends, would make them the
scorn and ridicule of their enemies. He was ready to admit that the
present administration were personal enemies of the Catholic cause ;
yet if the Catholics continue loyal, firm, and undivided, they had
little to fear from the barren petulance of the ex-advocate, Perceval,
or the frothy declamations of the poetaster, Canning — they miglit
meet with equal contempt the upstart pride of the Jenkinsons, and
with more than contempt the pompous inanity of that Lord Castle-
reagh, who might well be permitted to hate the country that gave
him birth, to her own annihilation. He was also free to confess that
32 MEMOIR AND SPEECHES OF
he knew of no statute passed since the Union, which had for its
object to increase the trade, or advance the liberties of Ireland ; but
he thought it impossible, if the Catholics persevered, with undivided
efforts, in their loyal and dutiful pursuit of Emancipation, that any
administration could be found sufficiently daring in guilt to stand
between them and the throne of their father and sovereign ; and most
calumniously and falsely use his name to raise obstacles in the way
of good subjects seeking to become free citizens. He did, therefore,
conj ure the gentlemen to give up their opposition ; he respected their
talents, and however convinced of their mistake, could not doubt the
purity of their motives. They must see that their arguments against
the resolution were confined to the ridiculous opposition, in fact,
against the noble lord, for his having condescended to ask advice
before he acted ; and to the equally frivolous difficulty objected to
the form of the notice for calling the meeting. Was it possible that
rational beings should govern their conduct by such arguments in the
serious pursuit of freedom ? They were sons, and might dearly love
the parents who gave them birth — let them recollect that it was for
their rights that the petition was framed : they were brothers, and
should, if they felt the endearing impulses of fraternal affection, sacri-
fice party, and of course mere forms and ceremonies, in a struggle for
obtaining the rights of their brethren : they were parents, and all the
sweet charities of life, combined in favour of the children who looked
up to them for protection. It was the liberties of those children the
present petition sought — would they postpone for an hour that sacred
blessing ? Could they, from any motive, thwart the progress of those
who sought it ? He knew that was impossible — and he hoped, there-
fore, there would be no division."
The result of the debate was a withdrawal of the amendment,
and the unanimous carrying of the resolution to petition.
Although much of very intimate interest to the Catholic body
occurred both at home and abroad, and their agitation was con-
stantly kept up under one form or another, during the remainder
of the year 1808, and the course of 1809, there was nothing (the
Veto question excepted, to which, however, there will be a future
occasion for full reference) that need delay us, in this sketch
of Mr. O'Connell's life, from coming to the year 1810, when
the second national occasion occurred, (the first having been
that we have recorded, at the Union), for his being brought
forward as the mouthpiece of the bulk of the Irish Catholics.
DANIEL O'CONNELL, ESQ., M.P. 33
Before proceeding, however, to notice the occasion alluded
to, it is not out of place to glance at his private history.
In his answer to Lord Shrewsbury's attack upon him, in the
year 1842, there is from his own pen, a brief, but striking
picture of the every-day current of his life. The period referred
to includes, indeed, many years later than those included in the
space we propose to hurry over, viz., from 1806 to 1810,
but the description applies strictly in its details. The reader
will find the following passage at page 19 of the pamphlet pub-
lished by Machen, D'Olier-street, in 1842.
In answer to a taunt at his receiving the O'Connell rent, he
says: —
"I will not consent that my claim to ' the rent' should be misun-
derstood. That claim may be rejected, but it is understood in
Ireland.
" My claim is this : — For more than twenty years before Emanci-
jiation, the burthen of the cause was thrown upon me. I had to
arrange the meetings — to prepare the resolutions — to furnish replies
to the correspondence — to examine the case of each person complain-
ing of practical grievances — to rouse the torpid — to animate the luke-
warm— to control the violent and the inflammatory — to avoid the
shoals and breakers of the law — to guard against multiplied treachery
— and at all times to oppose, at every pei'il, the powerful and multi-
tudinous enemies of the cause.
" To descend to particulars. At a period when my minutes
counted by the guinea — when my emoluments were limited only by
the extent of my physical and waking powers — when my meals were
shortened to the narrowest space, and my sleep restricted to the
earliest hours before dawn ; at that period, and for more than twenty
years, there was no day that I did not devote from one to two hours,
often much more, to the workin^^ out of the Catholic cause ; and that
without receiving, or allowing the offer of any remuneration, even for
the personal expenditure incurred in the agitation of the cause itself.
For four years I bore the entire expenses of Catholic agitation, with-
out receiving the contributions of others to a gi-eater amount than
seventy-four pounds in the whole. "Who shall repay me for the years
of my buoyant youth and cheerful manhood ? "Who shall repay me
for the lost opportunities of acquiring professional celebrity ; or for
the wealth which such distinction would ensure ?"
D
34 MEMOIR AND SPEECHES OF
111 one of those entertaining sketches of the Irish bar which,
some two or three and twenty years ago, Mr. Shiel and Mr.
William Henry Curran, at present a Commissioner of the
Insolvent Court, supplied, to a London periodical, Mr.
O'Connell's manner of life, in the times referred to by himself
in the foregoing extract, is, if we may use the word, outlined
with considerable vigour and effect. The silent and absorbed
vigil for hours before the dawn ; the dimly-lighted study ; the
sign of our salvation hanging pictured against the wall ; the
motionless form beneath it, with head bent over the voluminous
law-papers scattered in profuse disorder around ; the same
hermit-like figure, a few hours later, transformed into the
bustling barrister, keeping contending attorneys at a run, to
match his mountaineer rate of going, as he hurried to the
courts. The third transformation late in the afternoon, when
the man of legal points, and formal precedents, and abstruse
arguments, would be found the merry, fearless, rollicking agitator,
declaiming in a popular meeting, and now playing on the
laughing faculties, and anon on the deepest and most powerful
feelings and passions of his auditory, with a master hand ;
as he assailed, with ridicule, the petty despots of the day, or
depicted, with terrible vividness, the wrongs, the miseries, the
oppressions of Ireland and her people. Such were the
leading features of Mr. Shiel's sketch ; and they were true to
nature.
There were matters that Mr. Shiel did not attempt to
depict — the inner details of his life — the friendships, of which
he was the centre and the soul — the unspeakable domestic
affections that gathered around his hearth, and which, with
one most mournful exception, are yet to be found there
thronging.
The interval of time which has now elapsed, since the death
of one who made the happiness of his existence as she did that of
her family, has not sufficiently softened the deep grief of her loss,
to render practicable any attempt to describe that happiness.
The union was one, indeed, of love. Mary, the daughter of Dr.
O'Connell, of Tralee (a distant relative of his own, a man of
high talent and character in his profession), small as her fortune
DANIEL O'CONNELL, ESQ., M.P. 35
was, became the choice of his heart, at a time when his uncle,
who had been the guardian of his youth and on whom his best
hopes depended, was urgent with him to address himself to either
of two well-dowered young ladies on whom the old gentleman
had fixed his eye. This circumstance required secrecy to be
for a while observed, till time should be given for anger to cool
down; and, accordingly, Mr. O'Connell's marriage took place
privately, on the 23rd of the month of June, 1802. The mar-
riage was celebrated, in Darae-street, at the lodgings of Miss
O'Connell's brother-in-law, Mr. James Connor, who, with his
wife, her sister, was present, as was also Mr. James O'Connell,
now of Lakeview, near Killarney, Mr. O'Connell's brother.
The ceremony was performed by the Rev. Mr. Finn, then and
still parish priest of Irishtown.
Discovery followed ere very long, as usually happens in those
cases ; and his uncle's anger was for a time vehement. When,
however, he did allow the young couple to visit him, and came
to know and appreciate the qualities of his niece, his sentiments
became utterly changed, at least in so far as she was concerned ;
and as much as his nature, which was not of the softest, would
allow, he received her into his affections. Mr. O'Connell, of
course, shared in this change of feeling ; but it did not extend
so far as quite to do away with the alterations, unfavourable to
him, which the old gentleman had, on first hearing of the mar-
riage, made in his will.
Whatever Mr. O'Connell lost in this respect, he far more
than gained in that happiness of his life, which we cannot dwell
on now without opening a fresh, a sad, and cruel wound. We
can say no more than that doubting, she confirmed him — •
desponding, she cheered him on — drooping, she sustained him
— her pure spirit may have often trembled, indeed, as she
beheld hira exposed to a thousand assaults, and affronting a
thousand dangers ; but she quailed not, she called him not back.
She rejoiced not more in his victories over them, than she would
have heartily and devotedly shared with and soothed him in the
suff'erings, in the ruin, that might have come upon him had he
failed and been overthrown.
In their own empire — the sweet domestic circle — women, too,
can serve their country : and well, and faithfully, and most
36 MEMOIR AND SPEECHES OF
powerfully, in many emergencies, did she, of whom we speak, use
all a devoted and a tenderly-beloved wife and mother's influence
for poor Ireland! One trait of mutual affection maybe recorded.
In absence, they wrote letters to each other every day. Most
of these letters are preserved.*
The year 1810 witnessed the first revival of Irish national
spirit, after the crushing blow of the Union — the first uncertain
efibrts amid the mass of ruin in which they had fallen, to look
out and seek to uprear again the shattered pillars of her
constitution.
The Catholic body were, as they had been for the preceding
years, busy about their own claims ; but they were about to be
given an opportunity, where they least expected it, for coming
out again as nationalists, not as a class. In looking over the
newspapers of the time for that event, we have lit upon the
following brief note, not very important in itself, but inserted
here as one of the indications of the steady-going agitation even
then in progress. It occurs in the Freeman s Journal of Friday,
February 23, 1810, and is as follows : —
" TO THE EI>ITOR OF THE FKEEMAN's JOURNAL.
«' Sir — I am directed by the Catholic Committee to inform you, that the
statement contained in a morning paper of this day, respecting their proceed-
ings, is extremely inaccurate and erroneous in many important particulars ;
more especially as far as relates to the Veto. That question was not fixed for
discussion, nor was there any determination whatsoever on the subject.
" I am also directed to request that you will publish this letter, as the
committee consider that such statement, if uncontradicted, may be productive
of mischief.
" I am, sir, your obedient servant,
" Daniel O'Connell, Acthig Sec.
" Crow-street, February 22, 1810."
As we have said, the Catholics were about being summoned
forth as nationalists. The flame of liberty awoke where least it
was expected — namely, in the Dublin corporation. Messrs.
* We have, unfortunately, been unable to find, in time for insertion here, a
speech of Mr. O'Connell's, in the year 1835, which touched upon his married
happiness ; and was so admired for its pathos and power, as to liave been copied
into nearly all the English and Scotch papers. It will, however, be found at
the end of the volume.
DANIEL O'CONNELL, ESQ., M.P. 37
Hutton, Willis, Paterson, and other respectable citizens, there
resolved, that at least an attempt should be made, whatever
might be the result, to stay the downward progress of the
country since the Union ; and obtain for her the restoration of
her parliament to revive and protect her. They had made a
previous attempt in the year 1808, but without much result,
owing mainly to the distractions of the popular mind in that
year, from the first agitation of the veto. Still the following,
which we copy from the Dublin Evening Post of March 26, 1808,
will show that there was some movement, even then, towards the
great question of the present day : —
"Repeal oe the Union The corporation of skinners and
glovers have the honour of being the first to come forward to express
their sentiments on the policy and necessity which exists for a Repeal
of the Act of Union. These worthy and spirited citizens met yester-
day, when they entered into resolutions, which will be found in
another column. Other corporations are preparing to follow up with
spirit the example of the skinners and glovers. They will not be
deterred by the assertion that the effort is useless. They recollect,
that although it was proposed in the Irish House of Commons, that
the petition from Belfast, for the Repeal of Poyning's law, should be
burned by the hangman, in College-green ; yet, in less than seven
years after, the law was repealed : they will also i-ecollect that Lucas
was exiled for supporting those principles, which afterwards procured
Grattau the thanks of his country, and a vote of fifty thousand
pounds."
In 1810, however, these patriotic citizens awoke a better, a
national response. The freemen and freeholders of Dublin, of
all classes, combined to give it ; and the Catholics were not
among the least forward. The Freeman s Journal then, as now,
ably sustained and laboured to increase the national sentiment.
The Dubliji Evening Post, too, acted a noble part ; one which
it is quite competent, and we trust will soon be found willing, to
imitate in the present day.
Although we are not writing a history of the time, we cannot
refrain from prefacing Mr. O'Connell's speech at the meeting
of citizens of Dublin for Repeal, in 1810, with some ex-
38 MEMOIR AND SPEECHES OF
tracts from the journals of the time, chiefly from the
Freeman, showing the spirit that then was alive among all
parties.
We proceed, therefore, to give a brief report of a meeting
of the Dublin corporation, early in May, extracted from
the Freeman's Journal of May 12, 1810 — a short statement
of the steps adopted by them to procure a general meeting of
citizens, extracted from the Freeman of the 25th July. The
requisition for that meeting, as published in the same paper,
September 11, and a report of the meeting itself with all its
interesting circumstances, from the newspapers of the 19th and
22nd September, the latter having the best report of Mr.
O'Connell's speech on that most interesting occasion.
COMMON COUNCIL DUBLIN.
FRIDAY, MAY 4, 1810.
" Mr. Willis said he rose under much difficulty, from the insidious
and malignant attacks on his character which the house had just
listened to. He hoped it would not prejudice them against the
motion he would now submit to them on the measure of the Union —
a motion so interesting to every Irishman, that it stood in need of
little apology. He had no doubt but Dr. Whitelaw's pamphlet would
be again introduced, to show the prosperity of this city, but he would
oppose to that the general and overwhelming bankruptcy with which
this unfortunate country was inundated. He asked why Westmore-
land-street, Grafton-street, and every other trading part of this city,
exhibited such distress ? — why so many houses and shops were shut?
It is because the men of property, the fashion'of the country, vrere
inveigled away by this measure to spend their property in another
land. He considered a union of the government absolutely necessary
to support our glorious constitution, and the connection between the
sister islands, to render the executive strong and powerful, to enable
it to bring into action the whole strength of the empire: but a union
of legislatures he considered in a very different point of view. A
non-resident legislature, four-fifths of which knew little of this ill-
fated country, but by misrepresentation, be they ever so weU inclined
to serve us, are liable to imposition, practised by interested or
designing men. This had been the case in the coal act, the paving
act, the insm-rection act, and many others. He should, therefore,
DANIEL O'CONNELL, ESQ., M.P. 39
without troubling them any further, move the following petition to
the imperial parliament : —
" ' To the Knights, Citizens, and Burgesses, in Parliament assembled, the
Petition of the Corporation of the city of Dublin,
" ' Sheweth,
•' ' That your petitioners, warmly attached to our most gracious sovereign
the king, and to our excellent constitution, have for many years observed that
the law which unites Great Britain and Ireland, though in full operation ever
since the act passed, has not increased their prosperity, comfort, or happiness.
That, on the contrary, your petitioners have observed, that the views and
intentions of your honourable house in passing that act have been frustrated,
and that they, with the rest of their fellow-subjects in Ireland, have, in conse-
quence of that arrangement, sufiered extremely in their manufactures, trade,
and commercial concerns. Experience has proved the fallacy of the hopes held
out by the advocates of legislative union. We perceive no alteration in our
manners, from the benefit of a more civilized intercourse — no influx of British
capital or manufactures — no additional security to church or state, or to the
connection between the sister islands; the discord of religious sects has not
been extinguished; it has had no tendency to increase the loyalty of the loyal,
or to diminish the disaiFection of the disaffected. The rigorous (perhaps
necessary) acts of the sessions of 1807, to preserve the tranquillity of this
kingdom, demonstrate that in the opinion of the imperial parliament itself, the
union has not added to our security.
' ' ' When we come forward with this petition, and crave an impartial revision
of the act of union, let no man say that we do it to distress his majesty's
councils in an arduous contest with a powerful and inveterate foe. Our conduct
in this, as on all other occasions, is actuated by that zeal for the glory and
honour of liis majesty's throne, and the prosperity of the empire, Avhich always
characterised this ancient and loyal corporation in the worst of times. Our
conduct is grounded on a full conviction that the union is injurious to both
countries — that it adds nothing to the splendour of the throne, or the prospe-
rity of the empire. That, instead of securing, it endangers the connection,
and that a repeal thereof would be one of the wisest and most beneficial
measures that ever came before the imperial parliament.
" ' When you erect in Ireland the standard of the British constitution,
unstained and pure — when you give to Irishmen the invaluable blessings of
that constitution, and a connection on liberal terms with the jMistress of the
Ocean, then the loyal will be strengthened, the wavering will be confirmed, and
the deluded will be reclaimed ; all Irishmen will flock around it, and be ready
to die in its defence.
" ' Your petitioners, therefore, in behalf of themselves and their fellow-
subjects in Ireland, most humbly but most earnestly entreat your honourable
house to take their lamentable situation into your serious consideration, and
promote, as far as in your power Ueth, an act to repeal the union act between
Great Britain and Ireland.
" ' And your petitioners, as in duty bound, will pray.'
" He was seconded by Mr. Samuel Neville.
" Mr. M'Kenzie said he was obliged, being instructed by his corpo-
ration, to vote for a petition. He conceived his instructions did not
go to support such a petition as the one now read ; the language was
improper — it could not be otherwise, coming as it did. The usual
way was to appoint a committee, which way he would support.
" Mr. King said he was also instructed to vote for the measure ; he
40 MEMOIR AND SPEECHES OF
thought it presumptuous in any man to introduce such a petition — he
therefore would move for a committee.
" Mr. Read read the instructions of his corporation, which he felt
an honourable pride in obeying. He considered himself bound by
those instructions to support any and every petition which had a
tendency to point out the situation of the country, and lead in the
most distant way to the repeal of that odious law. He wondered
any Irishman could so far forget the honour of his country, as to
advocate so abominable a measure.
" Mr. Giffard asserted that the country was never more prosperous
than since the time of the union — that commerce and agriculture
flourished — that credit was established upon a rock too firm to be
shaken — that the measure was not only salutary but indispensable —
that it served the country, &c.
"Mr, Patterson — Mr. Sheriff, the gentleman who has now sat
down, appears to me to forget his usual prudence: had he let this
question go in silence to the chair, it would travel up to the board,
and there die a natural death ; instead of acting thus, he debates on
the prosperity of the country, and the advantages the metropolis has
obtained. Had he mentioned the union of Scotland as honestly paid
for, he would be heard, and believed, with patience. Look, since
1707 to this day — see now granted £50,000 for the canal to form the
west communication to the east, and £10,000 for roads and bridges
in the highlands. Now, sii', if he wishes to argue the blessings we
have received by the union, I am ready to meet him on fair prin-
ciples— from the Dean of Gloucester's famous pamphlet to the
Bishopric of St. David's, and then travel to the See of Armagh.
The Irish union was never paid for, except the price of the I'otten
boroughs that filled the pockets of a few individuals. I will not now
detain this house but to remark, that if arguments be necessary, I
hope to be able to satisfy this house and the honest citizens of
Dublin, of the atrocity of a measure that has so lately hurled
destruction on some of the most respectable mercantile firms in the
kingdom.
" Mr. Giffard — Sir, I have no doubt but the gentleman will satisfy
himself, and not the public ; but from the threats he holds out of the
Dean of Gloucester, the Bishop of St. David's, and then travelling
to the See of Armagh, I will let the question go in silence to the
chair.
" Mr. Patterson — Yes, sir, he does I'ight to let the question pass in
silence to the chair; but I am certain of convincing him, with com-
DANIEL O'CONNELL, ESQ., M.P. 41
pound interest, for his observations on this question of union, should
he attempt to justify the measure.
" Mr. Craven said he rose for the purpose of delivering his senti-
ments on the question of union, and to give the petition his warm
support, as he conceived it spoke the language of truth, and was
couched in a respectful and firm manner ; but if it was the sense of
the house that it should go to a committee, he had no objection. Sir,
when this measure was first broached, great promises were made to
the people of Ireland. The Catholic body, without whose consent
the measure could never have been carried, were promised emancipa-
tion— ^for this promise they sacrificed their country — they were duped
and disappointed — Dublin was to be made a free port — the toUs were
to be taken off your canals — you were told that this country was to
be a land flowing with milk and honey. Now, sir, the experience of
ten years has shown you how aU these fine promises have been
fulfilled ; your country was sold by the most shameful traffic, and the
people burdened with intolerable taxes, to compensate, bribe, and
pay the very men who betrayed you. The gentleman who has j ust
sat down, tells you he stood single-handed and alone to support that
measure. I wiU certainly give him credit for consistency, when
almost every honest, unbribed, unplaced, and unpensioned man in the
kingdom petitioned against it except himself; and I have a right to
make the exception, as we have seen him sacrifice his place, when he
thought it interfered with a public duty. He did singly in this house
support a measure that blotted Ireland as a kingdom from the map of
Europe. He now tells you, that it was the happiest event ever
Ireland was blessed with ; and that the inhabitants of this metropolis
had increased in wealth, and were making rapid fortunes in conse-
quence of it. Sir, are the numerous bankruptcies, almost unparal-
leled in this city, a proof of the blessing ? If an individual instance
of the injury it has done Ii'eland was wanting, / could mention
myself^ and declare on my oath., as a member of the corporation^
that I have, on an average of the number of years that have passed
since that event took place, lost Jive hundred pounds per annum.
Sir, it is not my wish that the House of Commons, as they were
before the union, should be restored ; it would in that case be only
necessary for the minister to double your window-tax ; and the same
men would sell you again, whenever the same temptation was held
out to them. One great good has come from the union, I will allow:
that is, that it has made a precedent, and laid the foundation of a
reform in parliament, without distui'bing or agitating the people, of
42 MEMOIR AND SPEECHES OF
risking the loss of innocent lives. The one hundred members you
now return to the imperial parliament, are almost all representatives
of the counties, cities, and principal towns ; restore them to us, and
if they are thought too few, double or treble them, but let them be
returned by the same places ; let them, with our house of lords, and
our beloved king, legislate for Ireland in the capital of their kingdom,
and not merge amongst five hundred foreigners, who know little about
you, and care still less. Had a parliament so constructed in Dublin,
your paving bill and many obnoxious measures could never have
passed into a law ; nor would it have been in the power of an indi-
vidual to have the banking bill thrown out, by which, from an
honourable gentleman's own statement, the city of Dublin annually
loses £200,000. For these reasons I do most heartily concur in
any measure that may lead to do away the evil under which we
suffer.
" Mr. Willis moved for a committee, which was carried, 42 to 38 ;
and then sent the resolution to the board for their concurrence, who
adjourned without coming to any decision."
REPEAL OF THE UNION.
"Pursuant to the resolutions of the Common Council, entered into
at the Quarter Assembly last Friday, the committee, then appointed,
met yesterday at the Exhibition House, William-street, in order to
forward such measures as may be considered most conducive to effect
the repeal of that most obnoxious arrangement — a Legislative Union.
Indeed, the results of that fatal measure have been so destructive
as to convince the most obstinate, and awaken the most besotted.
The general state of bankruptcy and decadence which predominate
over this once flourishing metropolis, are the ablest comments on that
pestiferous act which deprived Ireland at once of her independence
and parliament. In adverting to that period, we know not most
which to condemn — the measure itself, or the means by which it was
so ungraciously accomplished. The Union was founded on the
disunion of Irishmen ; and while we equally execrate and lament the
unhappy catastrophe, let us also express a hope, that, admonished by
our former fate, we will henceforth cling together with one heart and
DANIEL O CONNELL, ESQ., M.P.
43
one voice, as indispensably necessary to rescue the country from its
present abyss.
" As this kingdom has been erased from the list of nations by its
recent dissensions, so even yet it is not too late to rescue it by the
Union of its inhabitants. Without the operation of this salutary
principle, the same influence that 07ice diffused its baleful operation,
will again arise and exert itself to defeat the generous but ineffectual
struggle of a deeply-injured people. A requisition to caU an aggre-
gate meeting has, in consequence, been resolved on.
" The following is a list of the committee for repealing the
Union : —
Aldermen.
EXSHAW,
HOWISON,
Sir "Wm. Worthington,
Reed,
Hone,
Archer,
Cash,
Bloxham,
Alley.
Messrs. Craven,
HCTTON,
Eaton,
Tudor,
Eerrall,
Stephens,
M'Kenny,
Neville,
Harty,
Hamilton,
Dixon,
Davis,
GONNE,
Minchin."
" Dublin, August 8, 1810.
" We, the undersigned late Quarter Session Grand Jurors of the city of
Dublin, viewing the distressed and deplorable state of our manufacturers in
every branch, and the city and nation in general, do feel ourselves called upon
to point out what we conceive the only mode of radical relief from the general
gloom and misery that pervade this unfortunate land, which is to request, and
we do hereby request the high sheriffs to call a meeting, as soon as possible, of
the freemen and freeholders of this city, to prepare an humble petition to his
Majesty and the parliament, praying for a Repeal of the Act of Union, as we,
in common with all our unbiassed countrymen, look upon that act, as the root
and origin of all our misfortunes.
Thomas Rochford,
John Farrell,
Ambrose Moore,
Bever Buchanan,
R. Marshall,
L. Morgan,
John Hamilton,
Luke Sibthorpe,
John Davis,
John Keogh,
Thomas Mac Bride,
John Read.
"We, the undersigned freemen and freeholders of the city of Dublin, do
request Sir Edward Stanley and Sir James Riddall, Knights, high sheriffs of
this city, to call a meeting of the freemen and freeholders, at as early a day as
44
MEMOIR AND SPEECHES OF
possible, to take iato consideration the necessity that exists of presenting a
petition to his Majesty and the imperial parhament, for a Kepeal of the Act of
Union.
The Hon. Robert Moore,
Daniel Hutton,
Ambrose Boxwell,
John Moore,
Joshua Pasley,
William Bardin,
Charles Bingham,
Samuel Neville,
Joshua Kearney,
Benjamin Eaton,
Joseph Langstaff,
William Porter,
Peter Hoey,
William Abbott,
Tresham Gregg,
Charles Lilly,
Saml. Stephens, [Wellington]
Joshua Birkett,
John T. Sinnot,
Charles Thorpe, jun.,
Robert Newell, jun.,
Robert Harty,
John Willis,
Mark M'Cormlck,
John Taylor,
Toby Molloy,
John Meyler,
F. W, Conway,
Richard Cole,
William Farrell,
Richard Spear,
R. Wilson,
Jonah Barrington,
W. Wood,
John O'Neil,
James Thorp,
John Fox,
Henry Jones,
John Hawkins,
Thomas Grubb,
Anthony Vaughan,
Bartholomew Murphy,
Peter Gorman,
James Ross,
Davis Tate,
Henry Willett,
James Patterson,
Robert Hunter,
Bernard Cummons,
John Hunnou,
Thomas Geoghan,
Joseph Adrien,
James Rooney, '
Peter Campbell,
Edward Burnett,
John Potts,
J. D. Potts,
Philip W. Harvey,
James Shaw,
James Brush,
Richard E. Mercier,
Jonas Paisley,
Patrick Gibbons,
David Hinchy,
Henry Sutton,
Michael Kehoe,
G. Connor,
Thomas Bowling,
Edward Butler, jun.,
John Magee,
John Stevenson,
William Molloy,
Charles Darley,
William Poole,
M. H. ConoUy,
Ebenezer Geale,
Thomas Abbott,
Christopher Regney,
George Coyle,
Richard Connory,
John Busby,
John Dixon,
Edfrard Ferrall,
Thomas Willyn,
Edward Sterne,
John Pasley
Robert Fyan,
John Fyan,
William Laine,
E. Berney,
Charles Cox,
William Stephens,
John Williams,
Laughlin Maxwell,
William Rochford,
John Donovan,
Alex. Wilson,
George Irwin,
Benjamin Stephens,
Charles Corly,
John Drummond,
Nicholas Kildahl,
James O'Badne,
G. Henry,
Benjamin Pemberton,
R. Manders,
Michael Farrell,
Peter Brophy,
Francis Humphrys,
William Campbell,
John Preston, jun.,
Robert Brindley,
Robert Beard, j
Andrew Carr,
Jonathan Knaggs,
James Dowling,
Robert Patterson,
William Gilbert,
Zachariah Foxall,
M'illiam Bushe,
Thomas Conran,
W. Petterson,
Thomas Clinch,
Richard Millikin.
"to the freemen and freeholders of the city of DUBLIN.
" Gentlemen — Fully impressed as I am with the right which the freemen
and freeholders possess, of expressing their sentiments upon any pubhc mea-
sure, in a constitutional and moderate form ; and feeling a decided conviction
of my legal competency to assemble them, I hereby, in compliance with the
above requisition, appoint the 18th day of September instant, to meet at the
Royal Exchange, for the purpose of taking into consideration the propriety of
petitioning our gracious sovereign and the imperial parliament for a Repeal of
the Act of Union.
' ' In fulfilling this my bounden duty, I feel it necessary to recommend the
decorum and order which should characterise an assembly of the citizens of
Dublin, called together for a great public object, in which the interests of their
country are so deeply concerned, they will conduct the discussion with that
temper and moderation becoming their cause, and worthy their character of free
and loyal citizens. With this persuasion on my mind, I sliall feel it unnecessary
to assemble any guard whatever, but the beadles of the respective corporations.
" (Signed) James Riddall.
" Stephen's-green, September 10, 1810.
" Gentlemen — Although extremely desirous to forward the wishes of any
portion of my fellow-citizens, yet it appears to me, upon mature consideration,
that the proposed objects of the meeting, which you have required me to con-
vene, are so unlikely to be obtained, and so obviously calculated, unnecessarily,
to agitate the public mind, and to endanger the peace of the city, for which I
am responsible, that I would consider it a violation of my duty to comply with
DANIEL O'CONNELL, ESQ., M.P. 45
the requisition. I am fortified in this determination, by the advice of the most
eminent bankers, merchants, and magistrates, whom I have consulted, and
whose opinions were totally unswayed by any party or political motive.
"I have the honour to be, gentlemen, your most obedient humble servant,
"(Signed) Ed avard Stanley.
" To the Freemen and Freeholders of the County
of 'the City of Dublin, who have signed
a Requisition for an Aggregate Meeting
relating to the Union."
At an Aggregate Meeting of the Freemen and Freeholders of the
city of Dublin, convened pursuant to requisition, and held at the
Royal Exchange, on Tuesday, the 18th Sei^tember, 1810, Sir James
Riddall, High Sheriff, in the chair, it was —
" Resolved unanimously — ' That a committee of nine gentlemen be appointed,
for the purpose of preparing a petition to his Majesty, and another to the two
houses of parliament, praying a Repeal of the Act of Union.'
' ' The committee having been appointed, and the petitions read —
" Resolved unanimously — ' That the petition to the King's most excellent
Majesty, praying a Repeal of the Union Law, be adopted as the petition of the
freemen and freeholders of the county of the city of Dublin.'
"Resolved imanimously — ' That the petition to both houses of parliament,
praying for the said Repeal, be adopted as the petition of the assembly.'
" Resolved — ' That a permanent committee of twenty-one persons, freemen
and freeholders of the city of Dublin, be appointed, and hereby entrusted, not
only with the care of having the petition presented to his Majesty and to Par-
liament, but with the duty of co-operating with all such otlier persons as shall
seek, by legal and constitutional means, the Repeal of the Act of Union.'
" Resolved unanimously — ' That our excellent and amiable viceroy, his Grace
the Duke of Richmond, has, by the uniform conciliation and wisdom of his
conduct, merited the gratitude and thanks of the Irish nation. As a patron of
public institutions — as a friend to Irish manufactures — as an upright chief
governor, combining at once suavity of demeanour with constitutional modera-
tion, his Grace's ministry will be long remembered with affection and esteem
by every loyal Irishman.'
"Resolved unanimoiisly — 'That we, the citizens of Dublin, in aggregate
meeting, legally assembled, fully impressed with a sense of his Grace's many
virtues, seize with pleasure this public opportunity of returning our grateful
acknowledgments to his Grace, and of thus recording our unqualified approba-
tion of his lieutenancy in this kingdom.'
" Sir James Riddall having left the chair, and Robert Shaw, Esq., M.P.,
being called thereto —
" Resolved unanimously — ' That the thanks of the aggregate meeting, and
the gratitude of the Irish nation, are due to Sir James Riddall, Knight, not only
for his polite and dignified conduct this day in the chair, but also for the
uniform patriotism with which he has distinguished his sheriffalty.'
" Resolved unanimously — ' That a piece of plate, of the value of at least one
huncired guineas, be presented to Sir James Riddall, as a small token of the
respect and gratitude which his fellow-citizens entertain for his integrity, which
yielded neither to influence nor menace in the performance of his public duty.'
" Signed by order,
"Frederick W. Conway, Sec."
46 MEMOIR AND SPEECHES OF
AGGREGATE MEETING.
" At a meeting of the citizens, freemen, and freeholders of the
city of Dublin, at the Royal Exchange, on Tuesday, 18th September,
1810, held pursuant to a requisition of several respectable citizens of
Dublin, to the high sheriffs, to consider of a petition to the king's
most excellent majesty, and the imperial parliament, praying them to
take into their consideration the Repeal of the Act of Union — Sir
James Riddall, Knight, high sheriff of the city of Dublin, in the
chair.
" On Sir James Riddall taking the chair, he addressed the most
numerous and respectable auditory that ever assembled in the city of
Dublin. He recommended to the assembly to maintain the utmost
order and regularity in their proceedings ; assuring them he had the
greatest hopes that if they conducted themselves with propriety, they
would finally succeed in carrying their point ; but by manifesting a
contrary disposition, they would afford a pretext to their enemies to
malign their motives.
" The requisition, signed by a number of citizens, freemen, and
freeholders of the city of Dublin, at the late Quarter Sessions Grand
Jury, was read by Mr. Frederick Conway, who was appointed
secretary to the meeting, stating, that on account of the depressed
state of the manufactures in the county and city of Dublin, the
citizens of Dublin pointed out as the only mode of radical relief
which occurred to them was to present a requisition to the high
sheriffs of the city of Dublin, to call a meeting of the citizens, free-
men, and freeholders of Dublin, to consider of presenting a petition
to his Majesty, praying a Repeal of the Act of Union.
" Sir James Riddall then said — In consequence of the requisition,
I have called you, gentlemen, together this day. I am determined,
impartially, to hear every one for and against the question ; a patient
hearing will be given to every gentleman who chooses to deliver his
opinion on either side.
" Mr. Hutton then rose and spoke as follows : — Mr. Sheriff, I am
called upon to move a resolution, that a committee may be appointed
to prepare and draw up a petition to the king's most excellent
Majesty, and to the imperial parliament, to take into consideration
the Repeal of the Union. I stand forth on this occasion, an advocate
of the Repeal of the Act of Union, and I claim your candid atten-
tion. I am aware of the inadequacy of my abilities on this occasion,
but I appeal to your candour and goodness, and I appeal to every
DANIEL O CftNNELL, ESQ., M.P. 47
man that knows me, of the rectitude of my intentions. It has been
asserted privately, that this assembly has been convened for improper
purposes : the purport of this meeting is, to put down everything like
disorder in the state, and present a petition to his Majesty, stating
that we conceive it would be for the benefit of our common country,
and to preserve our connection with England, and testify our loyalty
to our King, by having the Act of Union Repealed. This wretched
act has prevented our manufactures from having a fair competition in
the market ; and were it repealed, it would be of the utmost advan-
tage to our manufactures, and give a new impulse to our commerce.
The repeal of that measure, he contended, would tend to the best
means to secure the prosperity and happiness of Ireland. At the
time the Act of Union was proposed, it was held out to the people of
this country, that persons possessing great British capital, would
come over from England and establisTi manufactures in Ireland, and
particularly in Dublin, our trade would be increased — that we should
have the education of the poor in Ireland properly attended to. The
Roman Catholics were then told that their claims would be taken into
consideration by the British Parliament, and attended to. The
Roman Catholics were told that they had a right to expect more
benefits from the interference of the British parliament, than they
could expect to receive from an Irish parliament. Sir, we have now
had the experience of ten years, since the passing of the act of
Union, and let me ask, had the Irish manufactures had a fair compe-
tition in the British markets ? Have the manufactures of Ireland
been protected and encouraged, or have those of Dublin flourished as
we wei'e promised ? Let me ask, have the poor of the land had their
education properly attended to ? Every man that is a well-wisher to
the prosperity of Ireland, will answer me in the negative. Have the
Roman Catholics met with any acknowledgment of the justice of
their claims ? If they have, let any man who now hears me, stand
forward and avow it. On the contrary, the Catholics, in their rights,
ever since the passing of the Act of Union, have stood, and do stand,
at present, just where they began. They have endeavoured to get
their claims acknowledged and acquiesced in ; but are they not at
this instant precluded from holding any superior rank in the army ?
I do not, sir, speak of administration, but I contend that the welfare
and prosperity of Ireland depend upon the Repeal of the Act of
Union. We, therefore, wish the parliament of Ireland to be restored
to the same state it was in at the period of 1782. A parliament in
Ireland is the only means of restoring the independence, promoting
48 MEMOIR AND SPEECHES OF
the happiness of our country, secui'ing its peace and prosperity. Sir,
I feel myself inadequate to do ample justice to the business now
before us ; I shall only say, I consider that the Repeal of the Act of
Union would tend to the advantage of my countiy. My want of
ability to do adequate justice to the great question, and I expect that
this business will be fully spoken to by these honourable gentlemen
who will take a part in the debates of this day, with whom this
business originated. I trust, sir, that this day's proceedings will
show to the world, collectively and individually, our loyalty, zeal,
and attachment to our good king, and prove that our opinion is
universal and unanimous, concei'ning the Act of Union. I mention,
sir, that it is by such a Repeal only, that the peace and tranquillity
of Ireland can be preserved. We should be indissolubly linked to
Great Britain by such a Repeal, and by such a one alone ! I move,
sir, that a committee of nine persons be appointed to prepare and
draw up an address to his majesty, and to the imperial parliament,
praying a Repeal of the Act of Union.
" Ambrose Moore, Esq. seconded the motion.
" The resolution was read accordingly, and agreed to without one
dissenting voice.
" A committee of nine gentlemen was then appointed to draw up
and prepare the said petition. The names were, Mr. Hutton, Mr
Randal M'Donald, Mr. Ashenhurst, Mr. O'Connell, Mr. Moore, Mr.
N. Mahon, Mr. Abbot, Mr. Harty, Mr. Farrell. The said committee
appointed to prepare and draw up the petition, having prepared the
same, they made their report to the assembly at large.
" The petition to the king was then read and carried unani-
mously.
" Mr. O'Connell declared that he offered himself to the meeting with
unfeigned diffidence. He was unable to do justice to his feelings on
the great national subject on which they had met. He felt too much
of personal anxiety to allow him to arrange in anything like order,
the many topics which rushed upon his mind, now, that after ten
years of silence and torpor. Irishmen began again to recollect their
enslaved country. It was a melancholy period, those ten years — a
period in which Ireland saw her artificers starved — her tradesmen
begging — her merchants become bankrupts — her gentry banished —
her nobility degraded. Within that period domestic turbulence broke
from day to day into open violence and murder — religious dissensions
were aggravated and embittered — credit and commerce were annihi-
lated— taxation augmented in amount and in vexation. Besides the
DANIEL O'CONNELL, ESQ., M.P. 49
'hangings-off' of the ordinary assizes, we had been disgraced l)y the
necessity that existed for holding two special commissions of death,
and had been degraded by one rebellion — and, to crown all, we were at
length insulted by being told of our "■ growing prosperity .' This was not
the painting of imagination — it borrowed nothing from fancy — it was,
alas, the plain representation of the facts that had occurred — the
picture, in sober colours, of the real state of his ill-fated country.
There was not a man present but must be convinced that he did not
exaggerate a single fact : there was not a man present but must know
that more misery existed than he had described. Such being the
history of the first ten years of the Union, it would not be difficult
to convince any unprejudiced man, that all those calamities had
sprung from that measure. Ireland was favoured by Providence with
a fertile soil, an excellent situation for commerce, intersected by
navigable rivers, indented at every side with safe and commodious
harbours, blessed with a fruitful soil, and with a vigorous, hardy,
generous, and brave population ; how did it happen then, that the
noble qualities of the Irish people were perverted ? that the order of
Providence was disturbed, and its blessings worse than neglected ?
The fatal cause was obvious — it was the Union. That these deplo-
rable eiFects would follow from that accursed measure, was prophesied.
Before the Act of Union passed, it had been already proved that the
trade of the country and its credit must fail as capital was drawn
from it ; that turbulence and violence would increase, when the
gentry were removed to residence in another country; that the taxes
should increase in the same proportion as the people became unable
to pay them. But neither the argument nor the prophetic fears have
ended with our present evils. It has also been demonstrated, that as
long as the Union continues, so long must our misfortunes accumu-
late. The nature of that measure, and the experience of facts which
we have now had, leave no doubt of the truth of what has been
assei'ted respecting the future. But, if there be any still incredulous,
he can only be of those who submit their reason to authority. To
such person, the authority of Mr. John Foster, Chancellor of the
Exchequer for Ireland, would probably be conclusive; and Foster has
assured us, that final ruin to our country must be the consequence of
the Union. I will not dwell, Mr. Sheriff, on the miseries of my
country ; I am disgusted with the wretchedness the Union has pro-
duced; and I do not dare to trust myself with the contemplation of
the accumulation of sorrow that must overwhelm the land, if the
Union be not repealed ; I beg to call the attention of the meeting to
E
50 MEMOIR AND SPEECHES OF
another part of the subject. The Union, sir, was a violation of our
national and inherent rights — a flagrant injustice. The representa-
tives whom we had elected for the short period of eight years, had no
authority to dispose of their country for ever. It cannot be pre-
tended that any direct or express authority to that effect was given
to them; and the nature of their delegation excludes aU idea of their
having any such by implication. They were the servants of the nation,
empowered to consult for its good — not its masters, to make traffic
and dispose of it at their fantasy or for their profit. I deny that the
nation itself had a right to barter its independence, or to commit
political suicide ; but when our servants destroyed our existence as a
nation, they added to the baseness of assassination all the guilt of
high treason. The reasoning vipon which those opinions are founded
is sufficiently obvious. They require no sanction from the authority
of any name — neither do I pretend to give them any weight, by
declaring them to be conscientiously my own ; but if you want
authority, to induce the conviction that the Union had injustice for
its principle, and a crime for its basis, I appeal to that of his Majesty's
present Attorney-General, Mr. Saurin, who, in his place in the Irish
parliament, pledged his character as a lawyer and a statesman, that
the Union must be a violation of every moral principle, and that it
was a mere question of prudence whether it should not be resisted by
force. I also appeal to the opinions of the late Lord High Chan-
cellor of Ireland, Mr. George Ponsonby — of the present Solicitor-
General, Mr. Bushe — and of that splendid lawyer, Mr. Plunket.
The Union was, thei-efore, a manifest injustice — and it continues to be
unjust at this day ; it was a crime, and must be still criminal, unless
it shall be ludicrously pretended that crime, like wine, improves by
old age, and that time mollifies injustice into innocence. You may
smile at the supposition, but in sober sadness you must be convinced
that we daily suffer injustice ; that every succeeding day adds only
another sin to the catalogue of British vice ; and that if the Union
continues, it will only make crime hereditary, and injustice perpetual.
We have been robbed, my countrymen, most foully I'obbed of our
birthright, of our independence — .may it not be permitted to us,
mournfully, to ask, how this consummation of evil was perfected ?
for it was not in any disastrous battle that our liberties were struck
down — no foreign invader had despoiled the land ; we have not
forfeited our country by any crimes — neither did Ave lose it in any
domestic insurrection. No, the rebellion was completely put down
before the Union was accomplished : the Irish militia and the Irisli
DANIEL O'CONNELL, ESQ., M.P. 51
yeomanry had put it down. How, then, have we become enslaved ?
Alas! England, that ought to have been to us as a sister and a
friend — England, whom we had loved, and fought and bled for —
England, whom we have protected, and whom we do pi'otect —
England, at a period, when out of 100,000 of the seamen in her
service, 70,000 were Irish — England stole upon us like a thief in the
night, and robbed us of the precious gem of our Liberty ; she stole
from VIS ' that in which nought enriched her, but made us poor
indeed.* Reflect, then, my friends, on the means employed to accom-
plish this disastrous measure. I do not speak of the meaner instru-
ments of bribery and corruption — we all know that everything was
put to sale — nothing pi'ofane or sacred was omitted in the Union
mart — offices in the revenue, commands in the army and navy, the
sacred ermine of justice, and the holy altars of God were all profaned
and polluted as the rewards of Union services. By a vote in favour
of the Union, ignorance, incapacity, and profligacy, obtained certain
promotion — and our ill-fated but beloved country was degraded to
her utmost limits, before she was transfixed in slavery. But I do
not intend to detain you in the contemplation of those vulgar means
of parliamentary success — they are within the daily routine of official
management : neither will I direct your attention to the frightful
recollection of that avowed fact which is now part of history, that
the rebellion itself was fomented and encouraged, in order to facili-
tate the Union. Even the rebellion was an accidental and a secondary
cause — the real cause of the Union lay deeper, but is quite obvious.
It is to be found at once in the religions dissejisions which the
enemies of Ireland have created, and continued, and seek to perpe-
tuate amongst ourselves, by telling us of, and separating us into
wretched sections and miserable subdivisions ; they separated the
Protestant from the Catholic, and the Presbyterian from both ; they
revived every antiquated cause of domestic animosity, and they
invented new pretexts of rancour ; but above all, my countrymen,
they belied and calumniated us to each other — they falsely declared
that we hated each other, and they continued to repeat the assertion,
until we came to believe it ; they succeeded in producing all the
madness of party and religious distinctions ; and whilst we were lost
in the stupor of insanity, they plundered us of our country, and left
us to recover at our leisure from the horrid delusion into which we
had been so artfully conducted.
Such then were the means by which the Union was effisctuated. It
has stript us of commerce and wealth ; it has degraded us, and
52 MEMOIR AND SPEECHES OF
deprived us not only of our station as a nation, but even of the name
of our country ; we are governed by foreigners — foreigners make our
laws, for were the one hundred members who nominally represent
Ireland in what is called the imperial parliament, were they
really our representatives, what influence could they, although
unbought and unanimous, have over the five hundred and fifty-eight
English and Scotch members ? But what is the fact ? Why that
out of the one hundred, such as they are, that sit for this country,
more than one-fifth know nothing of us, and are unknown to us.
What, for example, do we know about Andrew Strahan, printer to
the king ? What can Henry Martin, barrister-at-law, care for the
rights or liberties of Irishmen ? Some of us may, perhaps, for our
misfortunes, have been compelled to read a verbose pamphlet of
James Stevens ; but who knows anything of one Crile, one Hughan,
one Cackin, or of a dozen more whose names I could mention, only
because I have discovered them for the purpose of speaking to you
about them ; what sympathy can we, in our sufferings, expect from
those men ? What solicitude for our interests ? What are they to
Ireland, or Ireland to them ? No, Mr. Sheriff, we are not repre-
presented — we have no effectual share in the legislation — the thing is
a mere mockery ; neither is the imperial parliament competent to
legislate for us— it is too unwieldy a machine to legislate with dis-
cernment for England alone ; but with respect to Ireland, it has all
the additional inconvenience that arise from want of interest and
total ignorance. Sir, when I talk of the utter ignorance, in Irish
affairs, of the members of the imperial parliament, I do not exagge-
rate or mistake ; the ministers themselves are in absolute darkness
with respect to this country. I undertake to demonstrate it. Sir,
they have presumed to speak of the growing prosperity of Ireland — I
know them to be vile and profligate — I cannot be suspected of
flattering them — yet, vile as they are, I do not believe they could
have had the audacity to insert in the speech, supposed to be spoken
by his majesty, that expression, had they known that, in fact, Ireland
was in abject and increasing poverty. Sir, they were content to
take their information from a pensioned Frenchman — a being styled
Sir Francis D'lvernois, who, in one of the pamphlets which it is his
trade to Avrite, has proved, by excellent samples of vulgar arithmetic,
that our manufactures are flourishing, our commerce extending, and
our felicity consummate. When you detect the ministers themselves
in such gross ignorance, as, upon such authority, to place an insult-
ing falsehood as it were, in the mouth of our revered sovereign, what
DANIEL O'CONNELL, ESQ., M.P. 53
think you can be the fitness of nine minor imps of legislation to make
laws for Ireland. Indeed, the recent plans of taxation sufficiently
evince how incompetent the present scheme of parliament is to
legislate for Ireland. Had we an Irish parliament, it is impossible
to conceive that they would have adopted taxes at once oppressive
and unproductive — ruinous to the country, and useless to the crown.
No, sir, an Irish parliament, acquainted with the state of the country,
and individually interested to tax proper objects, would have, even
in this season of distress, no difficulty in raising the necessary
supplies. The loyalty and good sense of the Irish nation would aid
them ; and we should not, as now, perceive taxation unproductive of
money, but abundantly fertile in discontent. There is another
subject that peculiarly requires the attention of the legislature ; but
it is one which can be managed only by a resident and domestic
parliament — it includes everything that relates to those strange and
portentous disturbances which, from time to time, affright and deso-
late the fairest districts of the island. It is a delicate and difficult
subject, and one that would require the most minute knowledge of
the causes that produce those disturbances, and would demand all
the attention and care of men, whose individual safety was connected
with the discovery of a proper remedy. I do not wish to calculate
the extent of evil that may be dreaded from the outrages I allude to,
if our country shall continue in the hands of foreign empirics and
pretenders ; but it is clear to a demonstration, that no man can be
attached to his king and country, who does not avow the necessity of
submitting the control of this political evil, to the only competent
tribunal — an Irish parliament. The ills of this awful moment are
not confined to our domestic complaints and calamities. The great
enemy of the liberty of the world, extends his influence and his
power from the Frozen Ocean to the. Straits of Gibraltar. He
threatens us with invasion from the thousand ports of his vast
empire ; how is it possible to resist him with an impoverished,
divided, and dispirited empire. If then you are loyal to your excel-
lent monarch — if you are attached to the last relict of political
freedom, can you hesitate to join in endeavouring to procure the
remedy for all your calamities — the sure protection against all the
threats of your enemy — the Repeal of the Union. Yes, restore to
Irishmen their country, and you may well defy the invader's force ;
give back Ireland to her hardy and brave population, and you have
nothing to dread from foreign power. It is useless to detain the
meeting longer, in detailing the miseries that the Union has produced,
54 MEMOIR AND SPEECHES OE
or in pointing out the necessity that exists for its Repeal. I have
never met any man who did not deplore this fatal measure, which has
despoiled his country ; nor do I believe that there is a single indivi-
dual in the island, who could be found even to pretend approbation of
that measure. I would be glad to see the face of the man, or rather
of the beast, who could dare to say he thought the Union wise or
good — for the being who could say so, must be devoid of all the feel-
ings that distinguish humanity. With the knowledge that such were
the sentiments of the universal Irish nation, how does it happen that
the Union had lasted for ten years ? The solution of the question
was easy. The Union continued only because we despaired of its
Repeal. Upon this despair alone had it continued — yet what could
be more absurd than such despair ? If the Irish sentiment be but
once known — if the voice of six millions be raised from Cape Clear
to the Giants' Causeway — if the men most remarkable for their
loyalty to their king, and attachment to ccnstitutional liberty,
will come forward as the leaders of the public voice, the nation would,
in an hour, grow too great for the chains that now shackle you, and
the Union must be repealed without commotion and without difficulty.
Let the most timid amongst us compare the present probability of
repealing the Union, with the prospect that in the year 1795 existed
of that measure being ever brought about. Who, in 1795, thought
an Union possible ? Pitt dared to attempt it, and he succeeded ; it
only requires the resolution to attempt its Repeal — in fact, it requires
only to entertain the hope of repealing it, to make it impossible that
the Union should continue ; but that pleasing hope could never
exist, whilst the infernal dissensions on the score of religion were
kept up. The Protestant alone could not expect to liberate his
country — the Roman Catholic alone could not do it — neither could
the Presbyterian — but amalgamate the three into the Irishman, and
the Union is repealed. Learn discretion from your enemies — they
have crushed your country by fomenting religious discord — serve her
by abandoning it for ever. Let each man give up his share of the
mischief — let each man forsake every feeling of rancour. But, I say
not this to barter with you, my countrymen — I require no equivalent
from you — whatever course you shall take, my mind is fixed — I trample
under foot the Catholic claims, if they can interfere with the Repeal ;
I abandon all wish for emancipation, if it delays that Repeal.
Nay, were Mr. Perceval, to-morrow, to offer me the Repeal of the
Union, upon the terms of re-enacting the entire penal code, I declare
it from my heart, and in the presence of my God, that I would most
DANIEL O CONNELL, ESQ., M.P. 55
cheerfully embrace his offer. Let us then, my beloved countrymen,
sacrifice our wicked and groundless animosities on the altar of our
country — let that spirit which heretofore emanating from Dungannon
spread all over the island, and gave light and liberty to the land, be
again cherished amongst us — let us rally round the standard of Old
Ireland, and we shall easily procure that greatest of political bless-
ings, an Irish King, an Irish House of Lords, and an IJrish House of
Commons. — (Long-continued applause.)
" After Mr. O'Connell had concluded his speech. Sir James
Eiddall observed, that calumny or misrepresentation might be exer-
cised upon Mr. O'Connell's expression of an Irish king, and he,
therefore, was happy to give Mr. O'Connell an opportunity of doing
justice to our most gracious sovereign. Mr. O'Connell ardently
availed himself of the occasion to pay a very grateful tribute to the
virtues and patriotism of his majesty, and observed, that if ever a
monarch existed, abounding in every great and good qualification,
calculated to make his people happy, that monarch was George the
Third.
" Sir James Riddall then put the question separately, that the ad-
dress and petition should stand the address and petition of the meet-
ing, which was carried unanimously.
" Mr. Hutton then proposed that a committee of twenty-one be
chosen as a standing committee to co-operate with the other meetings
throughout the kingdom, which was unanimously agreed to, and a
committee was appointed accordingly.
" Nicholas Mahon rose, and spoke to the following effect : — Mr.
Sheriff, the respect I feel for the opinions of several gentlemen pre-
sent, whose liberality I respect, and by whose exertions this meeting
(which I trust will produce the happiest result), has been called, has
induced me to undertake the task of subscribing to your two resolu-
tions, which I hold in my hand, expressive of approbation of the
conduct of his Grace the Duke of Richmond, since his appointment
to the government of this country. I beg leave, in making this
motion, to be distinctly understood as not approving of the measures
of the administration to which his grace is attached, which I consider
as most hostile to the welfare of those countries ; but no one can deny
his grace the possession of many amiable social virtues, and that he
wields the sword of power in mercy and clemency. Without further
preface, I move you, sir, that those resolutions be now read.
" Sir James Riddall, high sheriff, having quitted the chair, and
5^, MEMOIR AND SPEECHES OF
Robert Shaw, Esq., (now Sir R. Shaw, Bart.,) beingT called thereto,
moved, that the thanks of this assembly be presented to the worthy
high sheriff for his upright and impartial conduct in the chair. He
said the conduct of our worthy high sheriff was his best eulogium
for complying with the wishes of his fellow-citizens.
" The resolution of thanks to the high sheriff was seconded by
Counsellor M'Nally, who said — I feel myself proud to bear testimony
to the upright and impartial conduct of the high sheriff, whom
he had known many years as a respectable citizen and trader in
Dublin. In his public and private capacity, he has acted in such a
manner, as reflects the highest honour on himself. He said, the
petition to the king met his warmest approbation. He said, the fatal
effects of the Union were demonstrated by the great number of commis-
sions of bankruptcy, which had, since the passing of the Act of Union
issued ; and, within the last two years, the act of insolvency, which
has affected the credit of the traders of this city. If any person
was to inspect the books of the shopkeepers of this city, they would
see the effect of the general calamity of the times. He said the
king of England was, by the common law of the land, from the time
of King Henry II., King of Ireland. He said there was no man who
loves his country that would not exert every constitutional and legal
means to attain a Repeal of the Act of Union.
" Sir James Riddall having left the chair, and Robert Shaw, Esq.,
M.P., being called thereto, the thanks of the meeting were unanimously
voted to Sir James, for his independent and constitutional conduct in
calling the meeting, and for the excellent manner in which he had
presided in the chair — and that a piece of plate, value one hundred
guineas, should be presented to him, which was carried unanimously.
" Mr. Willis rose to express his hearty concurrence to the last
resolution ; he said that when the present high sheriff was dead and
rotten in his grave, his grandchildren might say, how impartially
and properly he discharged his duty.
" Sir James Riddall returned the assembly his thanks for the
honour conferred on him this day by his fellow-citizens, and said
that nothing could ever induce him to sell his fellow-citizens.
He thanked the assembly for their very proper conduct this
day."
We shall only add here one passage from a speech of a
member of the corporation, Mr. Heffernan (on another occa-
1
DANIEL O'CONNELL, ESQ., M.P. 57
sion, in the year 1810,) which were well spoken at any of our
meetings now : —
" Were ive to contemplate the Union as a measure impossible
to be repealed, it tvould be at once to reduce this country to
despair ; it looidd be to deprive us of our only hope ; for,
HOWEVER DIFFICULT, HOWEVER INSURMOUNTABLE IT MAY
APPEAR, YET THE IDEA OF BEHOLDING A RESIDENT PARLIA-
MENT AMONGST US, IS CHERISHED BY EVERY HONEST IRISH-
MAN. Heaven knows if we have not had enough of
A FOREIGN ONE ! We ouce thought it icould be impossible to
carry the Union ; in that opinion ice deceived ourselves — it icas
carried. We now feel the lamentable effects of it ; yet, what
was LOST by corruption, CANNOT VIRTUE AND PATRIOTISM
RESTORE ? If this COUNTRY BE UNANIMOUS IN DEMAND-
ING A RESTORATION OF THAT INDEPENDENCE, IT IS IMPOSSI-
BLE TO DOUBT BUT SUCH DEMAND MUST BE SUCCESSFUL."
What truth, what power, what justice were there not in
these words — words of a Protestant — we believe of an Orange-
man — but eminently words of an Irishman ! And if these noble
aspirations had likelihood of success before them, in that day
of division and prostration of the public mind in Ireland ; what
may not be the hopes — nay, the certainty entertained in this
our day, when the national mind has been so aroused, and, thank
heaven for it, is beginning to be so united.
The Irish breast in which these words will not awaken an
echo, must be the breast of a dastard.
The editorial articles which appeared in the newspaper we
have quoted from, during the summer and autumn, and,
indeed^ the winter months of 1810, would do credit to the
patriotism and talent even of the present proprietor of the
Freeman. There was an energy and a sustained vigour per-
vading them which, independent of the similarity of the present
struggle, render their perusal interesting and impressive, even
now, and must have made their effect very considerable at the
time.
It is, alas ! in Ireland, " an old tale, and soon told," how
the mustering of national sentiment in that year, full of strong
58 MEMOIR AND SPEECHES OF
and high hope, and cheering promise as it was, eventually came
to nought, and was dissipated as utterly as the fog-drift before
the breeze.
It received its first blow from the diversion created in the
public mind, by the finally decisive manifestations of George the
Third's insanity. The intrigues, negotiations, and manoeuvres
that that event, and its necessary consequence, the constructing
of a Regency, gave birth to, distracted men's attention, and for
a time created an utter confusion among the various parties in
both kingdoms. But all parties in England, however they might
dispute and divide amongst themselves, had too strong an interest
in preventing a recurrence of the approach to unity and nation-
ality of feeling, which had been witnessed in Ireland, on the
subject of Repeal, to allow of any very long suspension of the
old tactics of misgovernment, in the latter unfortunate country.
To break up the incipient coalition of Protestants and Catholics,
every means, however base, were accordingly most unscrupu-
lously put in operation.
Party and religious differences were again appealed to.
Bigotry was inflamed — selfishness was alarmed and irritated
— in short, all the old means of dividing and disuniting
were resorted to, which, in hateful alternation with cruel and
tyrannous violence, have marked the whole career of English
administration in this unhappy land ! And these execrable
means succeeded then, as often before and more than once since,
only too fatally and surely.
It cannot rightfully be considered a desire on our parts to
revive irritating remembrances, if we say that the Catholic
party were not to blame for this disaster. It is not claiming for
them any very excessive degree of public virtue to say so ; for
it undoubtedly was their interest that factions and parties in
Ireland should intermingle and coalesce. By the regeneration
of their country, their condition should inevitably be raised and
advanced.
The experience of the period from 1782 to 1800 had
shown that a constitution extended but to a party in the state,
which, like an edifice erected on too narrow a foundation, would
fall in ruin before the first tempest. The admission, therefore,
of the Catholics to entire political, social, and religious equality,
DANIEL O'CONNELL, ESQ., M.P. 59
would, in the event of Ireland's recovery of her birthright, be a
matter of necessity, if not of good will.
The Catholics had, thus, every reason to desire a union
amongst Irishmen of all creeds and classes ; and, having every
reason, of course spared no effort that could accomplish this
object, and carefully avoided everything that might tend to
obstruct it. It is, therefore, on the other classes of Irishmen
that the blame lies of the unsuccessful national movement of 1810.
The Catholics of Ireland have some right to address to those
of their Protestant fellow-countrymen who yet hold off from the
national struggle, a mild but firm expostulation. They may
remind them that Ireland's rio^ht of self-legislation was estab-
lished, secured, and most frequently vindicated in Catholic
times. The Catholic parliament of Kilkenny, in 1642, and that
of King James the Second, repeated and re-asserted Ireland's
right in this respect, against the encroachments which, in the
course of time, England had made by the statute generally
known as " Poyning's Law."
When the Catholics sunk out of the constitution, after the
establishment in Ireland of the revolutionary government and
the blackhearted infraction of the Limerick treaty, they left a
state weakened indeed, and distracted by long-continued civil
dissensions (for which, however, they were not responsible) ; but
still a state in all the rights and prerogatives of such. Ireland
had her own parliament fully amd regularly constituted and
established — she had her own laws, made according to the
particular emergencies of her condition — she had her commerce
free, at least with foreign countries — she had her manufactures
unfettered, and giving those signs of genial and hearty vitality,
despite the wasting effects of civil wars, that the historian
Barlow thus records : —
" From the establisliment of the act of settlement and explanation
(after Chai'les the Second's restoration), Ireland rapidly increased in
wealth and improvement, to the admiration and envy of her neigh-
bours, till she was again laid waste by the revolutionary wars under
William the Third ; and even from this calamity she was recovering
with such quickness, that in 1698 the balance of trade in her favour
amounted to four or five hundred thousand pounds." — Vol. i. p. 290.
60 MEMOIR AND SPEECHES OF
In short, she was a nation ; though a distracted, a divided,
and a sorely-oppressed one.
Then followed a century of degradation ; from which at last
the Catholics emerged, though but for a brief period, in 1779-
1782, when they found their country maimed in her legislative
rights, crippled in her commerce, restricted grievously, cruelly,
most unjustly in her manufactures. Not allowing their minds
to dwell on the fact, that this, her low condition, was but the
result of concessions made to England by those of the dominant
creed, in order to gain support for an unchristian ascendancy,
the Catholics lent their aid to change the face of matters, and
then went back quietly to their chains, to await freedom from
the gratitude of their Protestant fellow-countrymen.
When at length the Irish Catholics (thanks to their own
efforts) were finally restored to the constitution, they found their
country nearly altogether robbed of her manufactures and com-
merce, bankrupt in monies, and long plundered of that which
alone could give a hope of her being upraised again — her native
parliament.
" Protestants of Ireland," they are entitled to say, " these
losses, sufferings, disasters of our comm.on country came upon
her while you, only you, had charge and control of her interests.
Let us forget the past — let us forget all — even all you, as a part^
in the state, have inflicted on us, with the aid of your English
allies — and let us now, once for all and for ever, join hearts and
hands to work out the common good of all — the restoring
Ireland to her rights, privileges, and powers as a nation !"
Returning from this pardonable digression to our subject,
we will not close our notice of the year 1810 without inserting
two documents of public interest and importance in that year.
The first, the declaration of the Catholic bishops of Ireland,
called forth by the floating rumours of a " veto ;" of '■^securities"
to be required by government ; of a plan of stipends for the
Catholic clergy, and other such miserable schemes and devices,
rife among the so-called statesmen of England to the present
hour. The second is the Catholic petition of that year, drawn
u}) by Mr. O' Council : —
" At a meeting of the Roman Catholic Prelates, assembled in
DANIEL O'CONNELL, ESQ., M.P, 61
Dublin, on the 24th February, 1810, the following resolutions were
unanimously adopted : —
"Resolved — 'That it is the undoubted and exclusive right of Roman
Catholic bishops to discuss and decide on all matters appertaining to the
doctrine and discipline of the Roman Catholic Church.'
"Resolved — ' That we do hereby confirm and declare our unaltered adhe-
rence to tlie resolutions unanimously entered into at our last general meeting,
on the 14th September, 1806.'
" Resolved — ' That we are convinced that the oath of allegiance framed and
proposed by the legislature itself, and taken by us, is not only adequate security
for our loyalty, but that we know of no stronger pledge than we can possibly
give.
" Resolved — ' That having disclaimed upon oath all right in the pope, or any
other foreign potentate to interfere in the temporal concerns of the kingdom,
an adherence to the practice observed in the appointment of Irish Roman
Catholic bishops cannot tend to produce an undue or mischievous exercise of
any foreign influence whatsoever.'
"Resolved — ' That we neither seek nor desire any other earthly considera-
tion for our spiritual ministry to our respective flocks, save what they may,
from a sense of religion and duty, voluntarily afford us.'
"Resolved — 'That an address, explanatory of these our sentiments, be
prepared and directed to the Roman Catholic clergy and laity of Ireland, and
conveying such further instruction as existing circumstances may seem to
require.'
" To the Honourable the Commons of the United Kingdom of Great
Britain and Ireland, in Parliament assembled :
" We, whose names are hereunto subscribed, on behalf of ourselves and of
others, his Majesty's subjects, professing the Roman Catholic religion in
Ireland, humbly beg leave to represent to this Honourable House
_ "That we, your petitioners, did, in the years 1805 and 1808, humbly peti-
tion this honourable house, praying the total abolition of the penal laws, wliioh
aggrieve the Catholics of Ireland.
" "We now feel ourselves obliged, in justice to ourselves, our families, and
our country, once more to solicit the attention of this honourable house to the
subject of our said petition.
" We state, that tlie Roman Catholics constitute the most numerous and
increasing portion of the inhabitants of Ireland, comprising an immense
majority of the manufacturing, trading, and agricultural interests, and amount-
ing to at least four-fifths of the Irish population ; that they contribute largely
to the exigencies of tlieir country, civil and military; that they pay the far
greater part of the public and local taxes; tliat they supply the armies and
navies of this empire with upwards of one-third part in number of the soldiers
and sailors employed in the public service; and that, notwithstanding heavy
discouragements, they form the principal constituent part of the streugth,
wealth, and industry of Ireland.
" Yet such is the grievous operation of the penal laws of which we complain,
that the Roman Catholics are tliereby not only set apart from their fellowl
subjects, as aliens in this their native land, but are ignominiously and
rigorously proscribed from almost all situations of public trust, honour, or
02 MEMOIR AND SPEECHES OF
emolument, including every public function and department, from the houses of
legislature, down to the most petty corporations.
' ' We state, that whenever the labour of public duty is to be exacted and
enforced, the Cathohc is sought out and selected ; where honours or rewards
are to be dispensed, he is neglected and contemned.
" Where the military and naval strength of the empire is to be recruited,
the Catholics are eagerly solicited, nay compelled, to bear at least their full
share in the perils of warfare, and in the lowest ranks ; but when preferment
or promotion (the dear and legitimate prize of successful valour) are to be
distributed as rewards of merit, no laurels are destined to grace a Catholic's
brow, or fit the wearer for command.
' ' We state, thus generally, the grievous condition of the Roman Catholics of
Ireland, occasioned solely by the fatal influence and operation of the penal laws,
and though we forbear to enter into greater detail, yet we do not the less trust
to the influence of reason and justice (which eventually must prevail) for
effecting a full and deliberate inquiry into our grievances, and accomplishing
our effectual relief.
"We do beg leave, however, most solemnly, to press upon the attention to
this honourable house, the imminent public dangers which necessarily result
from so inverted an order of things, and so vicious and unnatural a system of
legislation — a system which has long been the reproach of this nation, and is
unparalleled throughout modern Christendom.
"And we state it as our fixed opinion, that to restore to the Catholics of
Ireland, a full, equal, and unqualified participation of the benefits of the laws
and constitution of England, and to withdraw all the privations, restrictions,
and vexatious distinctions which oppress, injure, and afflict them in their
country, is now become a measure not merely expedient, but absolutely
necessary — not only a debt of right due to a complaining people, but perhaps
the last remaining resource of this empire, in the preservation of which we
take so deep an interest.
' ' We therefore pray this honourable house to take into their most serious
consideration the nature, extent, and operation of the aforesaid penal laws, and
by repealing the same altogether, to restore to the Roman Catholics of Ireland
those liberties so long withheld, and their due share in that Constitution, which
they, in common with their fellow-subjects of every other description, contri-
bute by taxes, arms, and industry, to sustain and defend.
" And your petitioners will ever pray."
The year 1811 witnessed a considerable activity in the
Catholic agitation. Amongst other of the internal controver-
sies of the " Catholic Committee," there had been a revival of
the old dispute as to the propriety of continuing to petition.
The decision had been for so continuing ; and the late Earl of
Fingall was named to be the bearer of the petition to Eng-
land. A meeting of the 29th December, 1810, to appoint
some gentlemen to accompany him, was adjourned to the 5th
January, when the following short debate took place, which we
give here, to show the manner in which the agitation was
being carried on, and the part Mr. O'Connell was taking : —
daniel o'connell, esq,, m.p. 63
"catholic committee.
" Satui'day, January 5. — Owen O'Connor, Esq., in the chair.
" Mr. Hay read the resolutions of the last meeting ; the first of
which related to the examination of grievances ; the second, being
the order of the day, was as follows : —
" Resolved — ' That the consideration of appointing proper persons in aid of
the Earl of Fingall, in the charge of the petition to England, be adjourned to
Saturday, the 3th of January, 1811.'
" Mr. O'Connell informed the Committee that considerable progress
had been made in the investigation of the existing penal laws, and
the oppressive consequences resulting therefrom. As the statement
occupied nearly three hundred folio pages, it would not, from its
voluminous nature, be perfectly ready for their inspection before
Saturday next. Notice would then be given to have it printed, in
order to place it in the hands of the members of both houses ; and
it would be a subject of consideration with the committee, whether
the statement should be confined to the members of parliament alone,
or obtain a more general publicity. He had no hesitation to say, that in
his opinion, the preferable mode would be to have it published in the
usual manner, in order that the people of the United Kingdom might
be enabled to entertain no doubt, whatever, on the subject. For it
had been said that the people suffer not from any actual or positive
oppression, but because they are told so. He had no difficulty in
saying that this was an evil they ought to encounter, and the im-
portance of informing every person in England of the real condition
of the Catholics, should supersede any fastidious notions of delicacy
or forbearance. The committee would, therefore, consider, whether
they should agree to the report at all ; and next, what degi-ee of
publicity they would give to it. Mr. O'Connell adverted to the pro-
priety of calling an aggregate meeting of the Catholics, for the
purpose of considering the expediency of an address to the Prince of
Wales. The intended Regency, he said, would be either restricted
or unlimited — if unlimited, it was obvious that an address would be
highly necessary ; if it were restricted, and Mr. Percival, as a
second Oliver Cromwell, be appointed Lord Protector of the Eealm,
they ought, at least, to make the tender of their hearts and hands to
his Royal Highness.
"Mr. Plunkett called Mr. O'Connell to order. He said, the
words just made use of would materially injure the Catholic
interest, and alluded, in pointed terms, to the newspapers having
taken advantage of the report of their debates. He was proceeding
64 MEMOIR AND SPEECHES OF
to inquire into the origin of those reports, when it appeared to be the
general sense of the meeting, that the words alluded to were per-
fectly consistent with order. Mr. O'Connell proceeded. He said, it
was manifest, he was quite correct in what he had advanced ; but the
gentleman had been calling to order, by his own admission, persons
who were not speaking. Mr. O'Connell concluded by an eloquent
repetition of his attachment and devotion to the Prince of Wales.
" Mr. Hussey moved that a report of their proceedings should not
be published.
" Mr. Costigan conceived, that as their proceedings were regular,
constitutional, and right, there ought to be no objection to their ap-
pearing before the public.
" Mr. O'Connell protested against the converting of their meeting
into a secret tribunal. They were not responsible for the accuracy
of the reports, nor were they capable of interdicting them. If they
shut their door, government might charge them with being engaged
in some dark transaction, or secret cabal. He entreated them not to
suffer it to be said, that they shrunk from the light of the day. He
would even wish, that the little ebullitions of passion, which some-
times prevailed among them, should go abi'oad, for if they related to
the public, it was proper that the public should know them, and if
themselves, it would have the good effect of teaching them dignity
and decorum, by avoiding the repetition of them. It was not at
this moment they should conceal their proceedings, when the foulest
calumnies were uttered against them, and when, for the first time in
a series of years, persons were hired for the purpose of promoting
their propagation.
" Mr. Finn said, the argument in favour of the publication of their
proceedings, certainly outweighed those which might be urged
against it. He observed, that one of the newspapers had endeavoured
to throw an odium on their proceedings, by printing the word
' secret^
"Mr. Hussey said, he had been induced by several respectable
gentlemen to make the present motion. It was his wish to distin-
guish the frivolous from the more important matter of their debate,
and to move that the latter only should meet the public eye. They
were, he said, reduced to this awkward dilemma, that if their
speeches were published, they were said to be inflammatory ; and if
they were suppressed, the committee was then engaged in some dark
transaction. Between the two calumnies he should succumb to the
former, and withdraw his motion.
DANIEL O'CONNELL, ESQ., M.P. 65
*' Mr. Costigan called the attention of the committee to the
business of the day, which was to consider the propriety of appointing
delegates to accompany Lord Fingal in the charge of the petition to
England. He said he could not see the propriety of sending any
person, whatever, with Lord Fingal — if he did, he certainly would
concur with the gentleman who proposed it. It was understood
there was to be no Veto, no condition, ' no mincing of emanci-
pation ;' and, therefore, six or seven gentlemen, accompanying Lord
Fingal would be no further use to his lordship, than showing him the
way to the members' houses, which it was presumed he knew very well
without them. It required no particular talent or assistance to say,
here is the petition of five millions of persons, who pray for com-
plete emancipation, and have nothing to concede.' Mr. Costigan
expatiated on this part of the subject, and said, the gentlemen accom-
panying Lord Fingal might probably have some cunning questions
put to them by Lord Grenville, and all the benefit they would derive
from their mission, would be, to be sent back insulted and calum-
niated. With respect to the address, he said, it ought, certainly, to
emanate from the people, and an aggregate meeting should be accord-
ingly convened. He expressed his apprehension, that with a limited
regency the prince could efi*ect nothing in their favour. Some
opposition appearing to this sentiment, Mr. Costigan regretted he
was not so sanguine as others on this subject, and concluded by
moving, as an amendment — ' that the consideration of appointing
proper persons in aid of the Earl of Fingal, in the charge of the
petition to England, be adjourned for another fortnight.' This
amendment was seconded by Mr. O'Connell, which, after a long
and animated debate, was carried by a majority of three,"
The adjourned meeting we also give, not because of any
important result there come to, but because the discussion at it
tends further to elucidate the objects with which we have given
the former extract. It will be seen that Mr. O'Connell's
leadership was virtually established, though not in words ac«
knowledged.
" CATHOLIC COMMITTEE.
" Saturday, January 19 The Hon. Charles Ffrench, in the Chair.
"Mr. O'Connell announced to the committee his intention of moving
that the subjects that were intended for this day's discussion, namely
the consideration of addressing his Royal Highness the Prince of Wales,
F
66 MEMOIR AND SPEECHES OF
and also, that the appointment of an additional delegation, be post-
poned for a fortnight. He said, that at the present moment, they
were not apprized, whether a regency had actually taken place or
not ; in this state of uncertainty, he conceived, that any delegation
to England would be not only unnecessary, but worse than useless^
for it could only tend to expose the delegates to disrespect and
obloquy. "With that view of the case, he should propose an adjourn-
ment of the delegation question. With respect to the address, he
observed, that circumstances were still in the same state. The pro-
ceedings on the regency had been delayed by ministers from
interested motives, which might probably urge them to continue" the
suspense for three months longer. By postponing the consideration
of this question for a fortniglit, they would have an opportunity of
knowing the real sitituation of affairs ; he was, at the same time,
ready to admit, that they ought to be among the foremost in express-
ing their zealous attachment to his royal highness. Mr. O'Connell
adverted to the Corporation of Dublin, who, he said, could see no
virtue in the prince when out of power, but as soon as he was likely
to obtain it, would ^adorn him with all imaginable graces. Wlien
that moment should arrive, he would become ornamental in their
sight, and while the rays of glory could shed the light of emolument,
the lowest curs in the corporation would be found turning round and
fawning on him.
" Mr. O'Connell concluded with an eloquent assurance of his
royal highness's recollection of the former services of the people of
Ireland ; and moved, that the consideration of an address, and the
appointment of an additional delegation be postponed for a fortnight.
" Mr. Hussey seconded the motion.
" Mr. Cassin, adverted to the subject of an aggregate meeting*
to consider the pi'opriety of continuing or withdrawing the petition,
in consequence of the recent changes in public affairs ; and observed,
that circumstances might arise, which would obviate the necessity of
such a measure. He said, a clause might be enacted by parliament,
to prevent any extension of benefit to Dissenters on the part of the
Regent, similar to that which took place in 1789, during the
administration of Mr. Pitt. He supposed, that in the event of Mr.
Wilberforce, or any other member proposing such a clause upon the
present occasion, Mr. Perceval would not be backward in promoting
its adoption ; and in that case, the expediency of presenting their
petition, would remain in full force. He conceived, at all events,
that the convening of an aggi'egate meeting, at the present moment,
DANIEL O'CONNELL, ESQ., M.P, 67
would be premature, and recommended the Catholics to pause until
they should hear his royal highness's speech in parliament.
" Mr. O'Gorman said, in his opinion, a moment should not be lost
in forwarding the petition, which he considered as not incompatible
with the address. The petition, as well as the address, would give
his royal highness an opportunity of showing his attachment to the
Catholics of Ireland, and he (Mr. O'Goi'man) would accordingly wish
to have both the one and the other on the table of the House of
Commons. If circumstances should oblige the prince to give an
unfavourable answer, there would be a paramount necessity of pre-
senting the petition, if it were only for the purpose of promoting
discussion, which must always have a favourable tendency to their
cause. In the event of a favourable answer, by presenting their
petition, they will have only done their duty, and the prince's
ministers will have an opportunity of anticipating its merits.
" The question of adjournment was then loudly called for. Mr.
Keogh, jun., begged leave to ask Mr. O'Connell, whether it was his
intention, that the consideration of an address to the Prince of
Wales should be discussed by this committee, or by an aggregate
meeting of the Catholics.
" Mr. O'Connell said, it was not for him to lead the public opinion
anywhere. He should subscribe to whatever may be the determina-
tion of the committee, but at present he could give no decided opinion
on the subject.
" Mr. Keogh said, he should always happy to coincide with Mr.
O'Connell, and was desirous that no division should take place on
the present occasion ; but he should be under the necessity of
opposing the motion of adjournment if a distinct answer were not
given to his question. He wished it to be understood that the com-
mittee having been appointed to prepare the petition only, had no
right to address the Prince of Wales, which was an act to which the
people were competent. The sense of the people, he conceived,
ought to be taken on both questions, that of petition and of address,
in consequence of the strange occurrences that had happened since
the resolution of petitioning had passed. He hoped the committee
were not afraid to face their constituents. He said he wished not to
oppose Mr. O'Connell in anything he should offer, and was disposed
to agree to the present motion of adjournment, provided it appeared
that no attempt was to be made to escape from the people.
'* Mr. O'Gorman was of opinion, that the consideration of matters
referred to by Mi". Keogh, should be deferred for a fortnight. He
said it did not appear, from any resolution before them, whether it
was intended that the address should emanate from the people or
68 MEMOIR AND SPEECHES OF
from tlie committee. He differed from Mr. Keogh'a position in toto,
and contended that the committee had an undoubted right to address
the Prince of Wales, though he was willing to acknowledge that the
preference should be given to the convening of an aggregate meeting
for that purpose ; and as to the question of petition, he considered
it would be ungracious to go back to the people and desire
them to re-consider what they had already fully entrusted to the
committee.
" Mr. Clinch said, that Mr. O'Gorman appeared to mistake the
principle of the present discussion. That gentleman had stated that
the committee was competent to call an aggregate meeting for the
purpose of addressing the Prince of Wales, but thinks, at the same
time, that to refer to the people the subject of petitioning parliament,
would be ungracious and improper — as if the committee could bind
the people, in this latter point, by the resolution which was passed in
November last. It had, however, been distinctly stated by Mr.
Keogh that new occurrences had taken place since that period ; and
there could be no doubt, therefore, that the committee, as trustees for
the Catholics, were perfectly warranted in going back to their^consti-
tuents, to consult with them on the propriety of petitioning, under the
altered circumstances of the country. But could anything be more
absurd than that the committee should say, ' we wiU petition and
you can't prevent us?' With respect to the address, it might be
justly asked, why it did not come with the same pomp and form as
the petition ? and in every view of the subject he was of opinion,
that the people ought, under the present peculiar circumstances of
the country, to be again consulted. If an aggregate meeting be
allowed to consider the propriety of an address to the Prince of
Wales, they would necessarily connect it with the subject of
petitioning. The principle argument to be deduced from the present
inquiry was, that the setting up of a separate jurisdiction would be
both uncandid and injudicious.
" Mr. Hussey really hoped that there would have been an unani-
mous concurrence in the propriety of adjourning. The discussion of
the present subject ought to be deferred for a fortnight, when Mr.
Keogh would doubtless receive a satisfactory answer to his questions.
He would just mention that if any member Avas afraid to show his
face to an aggregate meeting, he ought never to show it in public
again. In order to procure unanimity, he thought it would be
advisable to take measures for convening aggregate meetings all over
Ireland. He would inform Mr. Keogh, that if any plan could be
adopted to collect the Catholics together in one place, he would
DANIEL O'CONNELL, ESQ., M.P. 69
gladly concur in it ; but lie conceived it would be far more dignified,
in preparing an address, to obtain a deputation of ten persons from
every county in Ireland.
'*Mr. Keogh said he would not be puzzled out of his question, and,
therefore, persisted in calling for a distinct answer to it. He wished
to have it fairly understood whether, in the altered state of public
affairs, the committee would press forward the petition without con-
sulting the i^eople.
"Dr. Drumgoole and Mr. Costigan addressed the chair nearly
at the same time, but the chairman having decided in favour of the
latter gentleman, he said, that to what had fallen from Mr. Hussey,
he would just observe, that it was from aggregate meetings that
every advantage to the Catholics had originally emanated ; and it was
in the metropolis alone that such a meeting could acquire any im-
portance. He pledged himself, in alluding to Mr. Keogh's question,
that in a fortnight an aggregate meeting should be called, if necessary,
in spite of any opposition from the committee.
" Dr. Drumgoole would make one observation to what appeared to
him to be somewhat extraordinary. He alluded to the putting of
questions across the table, and the calling on individuals, by name,
to answer them. It seemed to him to resemble the opposition in
parliament, and would lead to an idea that the prime minister
reigned among them for the purpose of regulating the'"' proceedings,
He would beg leave to inform Mr. Keogh that the committee
disclaimed any such ascendancy ; and had no intention of instituting
either leaders or followers among them for the government of their
conduct. The committee had a right, in his opinion, to address the
prince ; but he should not now enter, at length, into the reasons of
that opinion; having been appointed to manage Catholic affairs,
they were, he presumed, competent to undertake any measure they
should, in their discretion, think conducive to the interests of the
body at large. (Cry of no, no.)
" Mr. O'Connell concurred with Dr. Drumgoole, against any
opinion going forth, that the Catholic affairs had fallen so low, as to
render it necessary to make him the director of them. He proceeded
to say, that the discussion they had entered into was irrelevant ; for,
as the Catholics had not a regular constitutional charter for
assembling together, it was evident that an address to the Prince of
Wales would not derive its importance from any meeting, but would
carry its respectability by the number of signatures annexed to it
He disowned the insinuations that hud been thrown out, of want of
candour in the committee, a virtue wliich he hoped the Catholics
70 MEMOIR AND SPEECHES OF
would never staud in need of ; but he conceived it would evince a
want of candour to alFect the convention of an aggregate meet-
ing, and make it a stalking horse for other purposes than what were
specified.
" Mr. Keogh said that he had put the question individually to
Mr. O'Connell, solely for the purpose of convenience. He thought
that gentleman's motion unexceptionable ; and if he had explained
himself in such a manner as to aflbrd reason to expect that the
people should be appealed to, he (Mr. K.) would not have originated
the present discussion. Mr. K. would, at all events, vote for the
adjournment, and hoped, in the meantime, he should hear of some
gentleman of consequence convening the Catholics ; and he con-
sidered their present chairman as peculiarly competent to effect that
object.
" The question of adjournment was then put and carried unani-
mously.
" Mr. O'Connell gave notice of a motion relative to the propriety
of submitting to the sub-committee the preparing of an address to the
Protestants of Ii'eland. It had been alleged, and the notion had
gone abroad, that the Catholics stifled every feeling of gratitude,
and recollected only the evil which operated against them. He
would, therefore, wish to have a statement laid before the Pro-
testdnts, showing them that the benetit of the Catholic would be
beneficent to all, and the necessity that existed, for their own safety,
of co-operating in the attainment of their mutual advantage ; a
statement which should inform them that the Catholic hearts were not
cold, but that amid the hatred which they felt for those who opposed
tiiem, they cherished a grateful recollection of theii' Protestant
advocates. The prevailing opinion, that whatever advantage the
Catholics obtained was taken from the Protestants, was a prejudice
that ought to be fully corrected. Mr. O'Connell concluded by giving
notice of a motion of an address to the Protestants of Ireland on the
subject of the objects of the committee.
" Major Bryan was called to the chair, when the thanks of the
meeting were voted to the Honourable Charles Ffrench, for his proper
conduct in the chair."
From the foregoing the reader will see with what fond hope
the Catholics of Ireland looked to the Priuce of Wales, the late
George the Fourth : never man acted more basely to others, than
he did to them. He deceived and flattered them as prince ;
he deceived, abandoned, and spurned them as monarch.
DANIEL o'CONNELL, ESQ., M.P. 7l
On the 2d of February, the committee again met — N. P.
O' Gorman, Esq., the present Assistant-Barrister for the county
Kilkenny, in the chair. The proceedings commenced with an
angry discussion, excited chiefly by Mr. Cornelius Keogh — the
son of John Keogh — who objected, (according to the newspaper
report, " to the introduction of any business which would allow
the country gentlemen to act at that meeting as managers, and
then said that the best means to adjust, satisfactorily, the point,
was to read the various resolutions on which the committee was
founded. The secretary read the resolutions of the 19th July,
1810, the resolution of the 2nd November, 1810, and (at the
suggestion of Counsellor O' Council, to the propriety of which
Mr. Keogh acceded,) the secretary read the subsequent resolu-
tion, relative to the mode of appointing country gentlemen to
act as managers for petitioning Parliament in behalf of the
Catholics of Ireland."
Mr. Keogh proceeded to object that the committee had no
authority to increase the number of its members, beyond that
fixed by the aggregate meeting from which it derived authority
to move in the matter of petitioning.
In the discussion on this objection, a rather warm collateral
dispute arose between Messrs. Clinch and Hussey, leading mem-
bers of the committee, relative to a recent publication of a part
of their proceedings, by Mr. Clinch. This will explain Mr.
O'Connell's allusion to the "wranglings" of the meeting.
" Mr. O'Connell — Sir, I must confess that this resolution, which
the gentleman, la m sorry to find, so inflexibly presses on your
consideration, is a breach of the common law of the committee. In
order to avoid the bad consequences of taking the meeting by sur-
prise, it was necessary to give notice of any motion which might be
intended to be made. I will confidently assert that no resolution has
ever been passed from the chair, which had not been grounded on a
preceding notice. The gentleman was apprized of the fact, for on
the last day of meeting, it was distinctly stated to him ; in point of
form, then, he was essentially, and indisputably wrong.
" Mr. Keogh — ' I understand order better.'
"Mr. O'Connell — By his own words, the gentleman is confessedly
wrong. Look how the matter stands. The gentleman knew it was
72 MEMOIR AND SPEECHES OF
the rule — but did he give notice, or can he denv that he has viohited
it ? I do not like special pleading ; but it is only common sense to
adhere to a regulation which would prevent the committee from being
taken by surprise. I will ask, might it not be so contrived that the
important business of three years, when our hopes and wishes were
on the point of consummation, might not the important business of
three vears be ovenumed in an hour, if we had no other security
than a hope, confiding in the honour of society ? What has been the
subject of this long debate ? I have the greatest respect for the indi-
viduals present : and I do not mean to allude to the subject any
further than to show, that we look like a parcel of wrangling school-
boys, and not like rational men, deliberating on the fate of ourselves
and our posterity — or like men struggling for our emancipation —
struggling to become what we are entitled to by the common rights
of nature, by the constitution, by our sufferings and our merits. I
have come here to-day, not to occupy yotir time in jangling, but to
assist in looking for my own liberty — I have come here to-day to
make a motion of the first importance, namely, to have our jxrtition
presented to Parliament — I have come here to-day to refute the
malignant calumnies of our enemies, and to correct the mistakes of
our enlightened advocate. Even the classic pen of the best critic of
the age is not free from error : I allude to the last number of The
Edinburgh Rerieic. In it the writer states, and laments too, that
such a grievance should exist — that there are forty offices under
government, from which Catholics are excluded. But when this
excellent person laments that four millions of the bravest and most
meritorious people were excluded from forty offices of trust and emo-
lument, what would have been his indignation if he had known what
I am prepared to verify by documents, that there are one thousand
two hundred and fifty-four offices, from which Catholics are excluded
by the direct operation of the law ; and that there are thirty thou-
sand places, from which they are excluded by its consequences. I
am prevented from imfolding those important facts, not by a vote of
censure against those persons who have absented themselves, and
have not participated in the labour of the Committee — but by a
motion to stigmatize your conduct, and to rescind the proceedings of
three months of laborious investigation. I do not wish to claim any
merit for my services — yet my time is of some value to me, and I
did not avoid my duty when my country required my services. And
yet, how are the important labours of the committee to be rendered
useless r Why, by clamour, and not by argument. I am trespassing
DANIEL O'CONNELL, ESQ., M.P. 73
on your patience — but I am so impressed with the importance of the
subject, that I must declare before God, that feeling what appears to
me to be true, I cannot help saying, that the fate of Catholic Eman-
cipation will depend on the decision of this day. The decision will
show whether you are a degraded, a miserable, and a divided people,
and, consequently, the mangled and disabled victim of your enemies ;
or by your unanimity, that you are able to spread discomfiture through
your foes ; and to exhibit to the world the glorious proof that your
claims are as just as they are irresistible (hear) — that your claims are
as just as irresistible. And here, sir, I call on the gentleman, in the
venerable name of his father, that he will not divide the committee
on this question, nor suffer their enemies to triumph at the prospect
of disunion among the Catholics. If the gentleman thinks that we
ought not to have any further meetings, let him come fairly and give
notice of his intention of rescinding our proceedings — but let him not
afford our enemies the delight of witnessing a division among our-
selves on a pitiful question. As to the objections which the gentle-
man urged, I could demonstrate that they are unfounded, from what
he would acknowledge to be sufficient authority ; but I sit down
with the hope that he will consent to the retraction of his motion,
and permit the business of the day to go forward."
Mr. Keogh's objections found, however, a supporter in Lord
Ffrench, who, after a digression, attacking the " lawyers" of the
committee, as " men who ought to be suspected, havino- more to
expect than any other description of Catholics," declared that
the only way to " put down these lawyers," was by an appeal to
the people ; and for that purpose, " moved, as an amendment to
Mr. Keogh's motion, that the Catholic concerns be referred to
an aggregate meeting, to be held that day fortnight."
Lord Ffrench's attack on the legal gentlemen, brought up
Mr. Hussey in a very warm and vigorous speech — retorting the
personalities with which he and the other members of the bar
had been assailed, and powerfully arguing against Mr. Keoo-h's
endeavour to shut out the "country gentlemen" present, from
voting.
" Is it a surprise," he asked, " that we have been here engaged in
the arduous duties of our trust ? — is it a surprise that the gentlemen
of thirty-two counties have attended here to act as managers in the
common cause ? — is it a surprise that those gentlemen have come
74 MEMOIR AND SPEECHES OF
hither to decide on a question so vital to their dearest interests ? — is
it not a cheering circumstance, to see gentlemen coming forward to
aid the committee with their counsels ? I could have wished that
those other gentlemen, whom I see here to-day, had regularly
attended, and had participated in the arduous labours of the com-
mittee I have the greatest respect for the gentlemen
of the metropolis ; but if it should be contended that they alone are
always to conduct the affairs of the Catholics, to the exclusion of
country managers, I must say what I before mentioned in the com-
mittee, that they resemble the fable of the frog and ox. So, then,
we are to undertake the management of Catholic affairs, without the
aid of the country : to say that we would assume such a privilege,
would be an aspersion on our characters. But is it not a monstrous
proposition, that we should send back into the country, with disgrace,
those members whom we have invited to come among us — men of
rank, honour, and talent — and that, too, without assigning any suffi-
cient reason ? You have invited them to attend — but when they are
arrived, are you to tell the people of Ireland, ' we send you back the
fools, returning them like damaged wares?' "
Mr. O'Connell — as already in his career, had been very fre-
quently his office — had to compose the angry passions, which
were now running high, and, with every fresh speaker, were
becoming more and more excited.
*< Mr. O'Connell began by expressing an anxious hope that the
discussion of this day would be conducted with good temper, and ter-
minate in harmony. His object was to stifle every sentiment
amongst the Catholic body, that would militate against that cordial
spirit of co-operation, which had hitherto animated the members
of the committee. Hitherto, at their meetings, a difference of
opinion did sometimes, as it was quite natural, prevail ; but
there was no intention of division — and, from this heartfelt
unanimity, he had with delight beheld the dawning certainty of
speedy and complete emancipation. The Catholic cause was now too
great and irresistible to be destroyed, even by the misconduct of its
own advocates. It had, indeed, been almost crushed in its infancy,
by distrust and dissension. Dissension had impeded it in every step
of its progress, and was still the drag-chain that encumbered and
retarded its movements. By division, the Catholics would be not only
weakened, but degraded : if they quarrelled amongst themselves.
DANIEL O'CONNELL, ESQ., M.P. 75
they would disgust their friends and delight their enemies. Could
anything be imagined more agreeable to the Wellesleys and the
Percevals, than to find the Catholics of Ireland involved in a wrangle
amongst themselves — than to see them engaged in attacking and
vilifying one another, when every faculty of their minds ought to be
directed to concert one combined effort of all the Irish people to put
down their enemies, and to procure, in a constitutional course, their
Emancipation. He did, therefore, conjure the gentlemen Avho had
brought forward the present question to revert to that subject, for
which the committee had been originally framed, namely, the petition ;
and to suffer that to proceed, without embarking in discussions that
could not be productive of advantage. He expected from those
gentlemen, that they would, when they contemplated the triumph to
our enemies, and the mischief to the Catholics, which must ensue
from dissension, abandon that species of crimination and attack, which
had been that day, for the first time, introduced into the committee.
The charges that were made, even supposing them founded, could be
obviated, if those gentlemen would, themselves, take the trouble of
attending in future. But he must say, that the gentlemen who did
attack the committee, were altogether mistaken. The fact was, that
the committee stands high in the public opinion — and that this esti-
mation was founded on important services and pure exertions — upon
a painful sacrifice of the time and labour of the individuals — and
upon the more painful exposure which they made of themselves, to
every shaft of calumny and ridicule, from the mean, mercenary, and
malignant hirelings of the enemies of the Catholics. With respect to
that part of the Irish Catholic bar, which took a part in the labours
of the committee, he would not say a word in its vindication : for his
own part, he should be most grateful if the bar were altogether to be
excluded from Catholic politics — and it would be easy to exclude
them. If the noble lord could spare time from his other avocations,
to attend the affairs of the Catholics, he, for one, would rejoice at
their being placed in such excellent hands ; and would then think
himself justified in devoting himself, exclusively, to his professional
pursuits. All he wished to see was, that gentlemen would come for-
ward, and take upon themselves the trouble of advancing the Catholic
concerns ; but it really was rather severe that gentlemen, who avowed
that they themselves had not leisure to attend to the business of the
Catholics, should charge those who, with a disinterested zeal, had
made, and were ready to make a sacrifice of their time and exertions,
with being animated with the pitiful ambition of leadership. No—
76 MEMOIR AND SPEECHES OF
that was a contemptible object ; and he had no difficulty in calling on
the all-seeing Deity to attest the truth of his assertion, that the con-
scientious discharge of duty to an afflicted country, was his leading
motive to come forward ; and that neither he nor his children should
ever be reproached, with truth, for having committed the cause of
the Catholics into any advantage of a personal nature to himself.
Neither did the committee deserve any part of the reproaches cast
upon them ; on the contrary, they had done their duty well. The
cause of the Catholic soldiery attracted their attention — they exposed
to view the gross violations of the law, which were daily committed
with respect to Catholic soldiers — the really patriotic prints of the
metropolis joined in the cause^ — and the result has been, that even
the Wellesley administration in this country have condescended so
far as to recognise the law of the land in their military orders ; and
now the Catholic soldiers in Ireland are allowed to serve their king,
without being called on for any violation of their consciences. No
petty tyrant, dressed in a little brief authority, could now indulge his
vile bigotry, by compelling the defenders of their king and country to
abandon what they conceived to be their duty to their God. Was
this no service ? Did the committee deserve no thanks for this ? — or
rather, was it not an earnest of what the committee had still to do,
and would do, in redressing other oppressions, if their cause was not
impeded by division and dissension ? At all events, we had a right
to call upon those who impeached the committee, to state in what
respect they had done even so much for the Catholic cause. Let
them state their services, and he would return them thanks, and not
impeachment. But, sir, the committee have not confined their exer-
tions to this single subject. We have framed, in very firm and con-
stitutional language, the petition which has been already signed by
thousands : we have already procured illustrious personages in both
houses of parliament, to take charge of it ; and it is now actucilly
ready for transmission to England. There was another subject which
engrossed much of our attention: it was the placing before the
empire and the world, the present oppressed and degraded state of
the Catholics of Ireland, in all its emaciating details. It appeared to
him that the principal cause which had hitherto pi'evented the
emancipation of the Catholics, was the strange ignorance of our situa-
tion, under which our warmest friends laboured. Even our best and
brightest advocate, that ornament to Ireland, Henry Grattan himself,
laboured under this mistake : Mr. Ponsonby, too, who has exerted
himself so strenuously in the Catholic cause, a])pears to be equally
DANIEL O'CONNELL, ESQ., M.P. 77
ignorant. It is to me, therefore, not at all surprising, that the Edin-
burgh reviewers should have fallen into the same error, so that they
stated more than once, in their late most admirable essay on the sub-
ject, that the Catholics were excluded from only about forty offices,
besides the houses of parliament. Notwithstanding this, to them
almost inevitable error, theirs was a most admirable discussion — it
was a specimen of that inestimable logic, that clear arrangement of
the subject, and that conclusive display of proofs with which that
work abounded ; but what would it have been if they were informed
of our real situation ; my praise of those reviewers must be allowed
to be unbiassed. I differ from them on the subject of the veto, and
would undertake to convince any of them that I am right. I also
easily see myself amongst those whom they style ' bombastic counsel-
lors ;' and I smile to see how happily they have described that
fustian and rant, which I am in the habit, as at present, of obtruding
upon your meetings. But, notwithstanding this attack, which I
admit to be personal, I do most sincerely and cordially thank them
for their exertions. It is not in the nature of popular feeling to con-
tinue long its gratitude ; but I have no hesitation in saying, that the
Catholics of Ireland deserve to be slaves, if they ever forget what
they owe to the writers of that article. Let me, however, repeat my
regret, that its effect should have been weakened by the erroneous
view which those writers took of our situation. It is strange enough,
that when they contributed so considerably to the repeal of the slave
trade, they were found to be perfectly conversant with the savage
tribes of Raarta and Bambana ; and that they were able to give dis-
sertations on the police of the bai'bai'ic cities of Sego and Timbuctoo,
and yet are so deplorably ignorant of the condition of the white
slaves of Ireland. We have another excellent advocate in England
an advocate whom we could bribe only one way, with the justice of
our cause — I mean William Cobbett. It is truly important to us
that his exertions should not be paralyzed by ignorance of our wants.
The moment we can show him the extent of our oppressions, we fur-
nish him with materials to ensure our triumph — and it must be
admitted that we could not have a more useful advocate. When he
is right, he is irresistible — there is a strength and clearness in the
way he puts every topic ; be is at once so convincing, and yet so
familiar, that the dullest can understand, and even the bigot must be
convinced. But what has deservedly raised him high in public esti-
mation, is the manly candour with which he avows and retracts any
opinion that he discovers to be erroneous, I can hardly conceive a
greater proof of sound understanding and perfect honesty than such
78 MEMOIR AND SPEECHES OF
conduct ; but what has been his fate ? Why, he has advocated
your cause, and is suffering under an atrocious sentence — indeed,
in the history of modern times, a sentence so disproportionate
with the offence, as to excite horror and disgust in the mind
of every man who heard it — a sentence which actually has the effect
of converting the object of it from being the victim of just law, into
the martyr of some unpopular, and, therefore, hated cause. What a
besotted, benumbed people these English are ! They heard the sen-
tence pronounced : two long weary years' imprisonment for a libel on
the German legion! They saw the victim conveyed to his dungeon;
the fountain of mercy was there, yet there was no address, no petition
to the throne for its interference — neither has this subject yet been
brought before either house of Parliament. Upon this subject I
confess I have been led away by my feelings ; but as I have wan-
dered, allow me to indidge in relating to you the fate of another
public character. A certain land-calf, of the name of Sparke, pro-
nounced and published, some two years ago, a dissertation in bad
Latin, in which he strenuously advised that Catholics should be
turned out of every civil situation ; and that they should be expelled
from the army and navy ! Upon what grounds think you ? Why,
as the enemies of everything human and divine ! Here was a libel —
a libel most admirably calculated to serve the interests of Bonaparte,
by depriving us, at a single blow, of at least three-fourths of our
army and navy. You imagine, of course, that he was punished —
that the Attorney-General prosecuted him, and called for a vindictive
sentence in the name of the army and navy, and that he conjured up
the shades of the Catholics who bled at Aboukir and Trafalgar — who
bravely fought and greatly died at Vimiera and Talavera, to scream
for vengeance. You suppose that this worthy divine was sentenced
to at least one fortnight's imprisonment. Oh, no, you are mistaken —
he was only made a bishop, and he will soon have to give his enlight-
ened vote on our petition to the lords. Mr. O'Connell entreated
pardon for thus wandering from the subject — his object was to show
the labours and services of the committee ; and he had pointed out
the state of ignorance in which our advocates were, with respect to
Catholic privations. It was unnecessary to enlarge on the utility of
giving accurate information on the subject. The committee felt that
they had this duty to discharge, and they have, with no small labour,
completed it. He held in his hand the volume of near two hundred
pages, which they had compiled on the subject ; and if the meeting
would suffer him, he would undertake to demonstrate that the com-
mittee had exerted itself with much attention and labour. If he was
DANIEL O'CONNELL, ESQ., M.P. 79
suffered, lie would shortly state an abstract, taken from their report,
of the offices of trust, honour, and emolument, from which the
Catholics are excluded, and which even our friends estimate so low
as about forty, but which, in truth, amount, when the influence, as
well as the positive enactment of the penal code, is considered, to
upwards of thirty thousand. If he did not weary the meeting, he
would now go into detail (A general cry of ' go on, go on.') Mr.
O'Connell, in continuation, said, being encouraged, he would proceed
with the abstract. The first thing that offered itself was the parlia-
ment. From seats in both houses , the Catholics were excluded,
amounting to 900 : next came the offices in corporations. We are,
in Dublin, excluded from the
Offices of Lord Mayor and Aldermen, ..... 24
Sheriffs and Sub-Sheriffs, 3
Sheriff 's Peers, 38
Common Council, ........ 96
Becorder, .......... 1
Treasurer, .....,.,..!
Town Clerks, 2
Masters and Wardens of Guilds, 73
Total, 238
There are, I think, 86 other corporate cities and towns in Ireland,
which, at the low average rate of 32 officers in each, from which
Catholics are by law excluded, amount to 2752 ; giving a total, under
positive exclusion of 3083. But if a more accurate view of the other
offices in the gift of the corporation, or confided to them, be taken,
it will be found that Catholics are, by the spirit and operation of the
law, if not by the letter of it, excluded from those latter offices — as,
for example, in Dublin —
President of the Court of Conscience, his Secretary and
Clerk, (worth two thousand pounds per annum,) . . 2
Lord Mayor's Secretary ....... 1
Police Justices, . . . . . . . . .12
Their Secretaries and Clerks, . . . . . .12
City Officers, as Constables, Sword-bearer, &c. , (see Red Book), 27
Cranes, .......... 4
Pipe-water Board, ........ 22
Public Money Yards, &c., ....... 3
Ballast Office, 16
Paving Boarcl and Offices, ....... 13
Grand Jury, with very few exceptions, and other public
boards, offices, and clerks, ...... 50
Amounting to . . . 162
Add to those similar offices in the other 86 corporations of
Ireland, averaged at only 32 to each, amounting to . 2752
Total, 2914
80 MEMOIR AND SPEECHES OF
Thirdly — There are in the profession and administration of the
law-officers, from which we are directly excluded : —
Lord Chancellor, ......... 1
Master of the Rolls, 1
Law Judges, ......... 12
Serjeants, .......... 9
King's Counsel, (now) ........ 28
Masters in Chancery, ........ 4
Attorney and Solicitor-General, ...... 2
Counsel to the Commons, ....... 2
Chairman of Kilmainham, ....... 1
Sheriifs of Countless . . . . . . . .32
Sub- Sheriffs, 32
Advocates in the Spiritual Court, 20
Proctors in Dublin, ........ 9
Proctors in the country, ....... 40
Notary Public, ......... 56
Law Officers in the Spiritual Courts — the jurisdiction of these
Courts extend over temporal matters, .... 109
Total, .... 353
Add to those a number of Officers under the patronage prin-
cipally of the foregoing ; which, although the profession
of the law is not unequivocally Uberal, yet Catholics are
almost uniformly excluded from such as Assistant. Bar-
risters of Counties, Assistant Counsel Coroners, Law
Clerks in tlie Law and Equity Offices in Counties, (see
Red Book, ) amounting, at least, to .... 700
Total, 1058
The next class I shall mention is that of the officers in the army and
navy. It is notoi'ious that the Catholics contribute very largely in
money and men, to those services. The number of officers may be
thus estimated. In the army, the regiments are thus :
Life Guards, 2
Horse Guards, ......... 1
Dragoon Guards, 7
Dragoons, . . . , . . . . - . .24
Foot Guards, 3
Foot, 101
Artillery, 3
Irish Militia, from severaUof the commissions in which Catho-
lics are absolutely excluded, ...... 28
Total, - 169
Several of the regiments have two, three, or more batallions, so that
the entire may be estimated at 200 battalions, and must contain 7500
commissioned officers, from which deduct 100 for Catholic officers in
the Irish militia, it will leave 7400. And it is quite manifest that
I
DANIEL O'CONNELL, ESQ., M.P. 81
the proportion of 100 Catholic officers in the Irish militia, is a great
exaggeration. Add the paymasters, commissariat department, the
staff, storekeepers, contractors, &c., under the same patronage,
amounting, at least, to 1600; amounting, in the entire, to 9000. In
the navy, the officers may be thus estimated : — There are in commis-
sion, about 900 ships. At a very moderate average there are ten
officers to a ship, being 9000 ; admirals, &c., about 200 ; add the
dock-yard establishments, the companies of marines, the pursers, and
the other officers dependent on the naval departments, amounting to
3800; amounting in the entire, to 13,000. There are other officers
of trust, honour, and emolument, from which the Catholics are
excluded : —
Lord Lieutenant, ......... 1
Lords of the Treasury, ........ 8
Governors of Counties, (now) . . . . . .38
Privy Councillors, including Duigenau, . . . .90
Fellows of Trinity College, 28
Scholars of ditto, 60
Postmasters-General, ........ 2
Teller of the Exchequer, 1
Chancellor of the Exchequer, I
Keeper of the Privy Seal, ....... 1
Vice Treasurer, ......... 1
Auditor-General, ......... 1
Custodes Rotulorum, ....... 16
Secretary of State, X
Secretary to the Lord Lieutenant, 2
Total, 231
I am sure I can be reproached only with having too far diminished
the dependent offices from which the Catholics are excluded under
this head, when I state them only at 2060. Catholics are excluded
from the following offices :—
Indirectly.
. 1829
. 700
. 1600
. 3000
. 2000
Thus giving a total of offices from which Catholics are excluded,
by positive enactment, of ....... 21,261
And of offices from which they are almost, with equal certainty
excluded, by the spirit and operation of the law, amounting to 9,229
Amounting in the entire, to . . . 30,490
Let it be recollected, that in giving this statement, we abstain altogether from
the situations wliich belong, of right, to the Established Church. We should be
sorry to see any similar law created for our clergy, and we most assuredly do
not seek to disturb those that exist."
1. Parliament,
Directly
. 900
2. Corporations,
3. Law, ....
. 3152
. 338
4. Army, ....
5. Navy, ....
6. Other offices enumerated, .
. 7400
. 9200
. 231
82 MEMOIR AND SPEECHES OF
" There is another important branch in the political economy of
this country, from which the Catholics are almost altogether excluded ;
it relates to the collection and distribution of the public money.
There are annually about six millions raised on the Irish people — of
these, it is said, that only four millions, or 13s. 4d. in the pound,
reach the treasury. There are, besides, four millions annually, bor-
rowed in England, for Ireland, and expended in this country ; so that
there seems, taken together, a sum, making altogether, ten millions,
is collected and managed, almost exclusively by Protestants ; there
not being, I dare say, at the utmost, twenty Catholics employed in
such collection or management. I am sure I should grossly exagge-
rate it, were I to say there were twenty ; amongst other reasons,
because I have already shown that the far greater number of the
offices attached to that collection and management, are by the law
shut against the Catholics ; so that we have ten millions yearly, the
principal of no less than six millions of which are raised from the
inhabitants of this land, and the interest of the entire of which is
charged upon them and their descendants, in perpetuity. We have
these ten millions oppressive to all, and emolumentary only to a few
of the Protestants. Let it also be recollected, that the four millions
which are paid into the Irish treasury, have a second operation, for
of course they are paid out again in discharge of the expenditure of
the state ; but the management of such payment is also in the hands
of the members of the Established Church ; so that, in fact, we are
thus excluded from the management, and all the advantages that
result from the management of fourteen millions of money annually,
taking into consideration the second ojieration of the four millions
raised in Ireland. The committee have entered into various details
to illustrate and prove their statements ; they do not omit to treat
often of the insult that the parade of Orange anniversaries, and the
commemoration of ancient feuds, excite and perpetuate ; but above
all, they have investigated the deplorable situation of the inferior
orders of Catholics in the towns, particularly in the north, on those
days devoted to the celebration of Orange festivals ; when the lower
order of those systematic oppressors meet together for the purpose,
according to the phrase used by some of themselves, at a late trial at
Omagh, ' of making Orangemen.^ The committee has remarked, too,
on the degrading situation in which the Irish Catholic officers, who
go to England with their regiments, are placed. There, they must
quit the service, or violate their consciences, whilst they see German
soldiers enjoy complete toleration in the Catholic religion; as if the
DANIEL O'CONNELL," ESQ., M.P. 83
conscience of a German was declared by law to be worthy of respect,
that of the Irish, of none ; why else do the pious Perceval, and holy
"Wilberforce, consent to allow popery in the German legion, and per-
secute it amongst the loyal Irish ? It is our anxious wish that some
of the class of hirelings who do the dirty work of the Wellesleys and
the Percevals, shall have the audacity to contradict the facts which
our statement contains. We challenge them to that contradiction ;
all wc entreat is, that they will come to particulars ; but if they do
not — if they protect themselves by general denials, we are ready with
the proofs of each and every assertion. I entreat the indulgence of
the meeting for this lengthened trespass on their patience. I hope I
have shown that the committee has not neglected its duty ; it has
assisted to relieve the soldiery from the oppressions under which they
laboured — it has prepared the petition, and made every arrangf^ment
for its presentation — and it has ready for publication, a detailed state-
ment of the penalties and persecutions under which the Catholics
suiFer ; yet, whilst we do thus suffer — whilst the multiplicity and
weight of our chains may affright even our enemies, we, wretched
slaves that we are, instead of combining heart and hand to procure
redress and relief, are about to engage in a miserable warfare among
ourselves. The old curse of the Catholics is, I fear, about to be
renewed ; division, that made us what we are, and keeps us so, is
again to rear its standard amongst us ; but it was thus always with
the Irish Catholics. I recollect, that in reading the life of the great
Duke of Ormond, as he is called, I was foi'cibly struck with a des-
patch of his, transmitted about the year 1661, when he was Lord
Lieutenant of Ireland. It was written to vindicate himself from a
charge of having favoured the papists, and having given them per-
mission to hold a public meeting in Dublin, His answer is remark-^
able. He rejects with disdain the foul calumny of being a favourer
of papists ; though he admits he gave them leave to meet : ' because,'
said he, ' I know by experience, that the Irish papists never meet,
without dividing and degrading themselves.' I quote the words of
the official despatch ; I can lay my finger on the very spot, in
* Carte's Life of Ormond.'
" One hundred and fifty years have since elapsed, and we are still in
thraldom, because no experience can, I fear, cure us of this wretched
disposition to divide. He entreated of the respectable gentlemen
who that day attended the committee, to consider that their mistakes,
if they had made any, ought not to be visited with so grievous a
calamity, as that of O'eating dissension amongbt them. But in point
84 MEMOIR AND SPEECHES OF
of fact, of what was the committee acciised ? Why, that they, having
been expressly entrusted with the management of Catholic affairs,
had thought it prudent and wise to consult, not the citizens of Dublin
alone, but the Catholic inhabitants of every county in Ireland. Had
not the counties of Tipperary, and Kerry, and Clare, and Carlow,
and Kilkenny, as good a right to be consulted with, and heard, as the
city of Dublin ; and he appealed to the good sense of every man
present, whether it must not have the worst effect on the Catholic
mind, if any gentlemen shall continue to insist, as they did that day,
that an aggregate meeting in Dublin was all-powerful, that it was
" the people," and that the Catholics of the different counties had no
right to contribute to the fouiidation of the general committee. The
objection in point of form to enci'easing the committee, would have
weight but for the state of the law. The managers of the petition
appointed by the counties were not delegates, and could not act in a
representative capacity ; but this was only because the law prevented
the Catholics from choosing delegates, and holding a representative
assembly. It should, however, be recollected, that a precisely similar
objection lay against the committee appointed by the aggregate
meeting, for neither were they delegates or representatives. If they
insisted on the country, they would only expose themselves to the
hazard of an indictment, with the certainty of being convicted.
This was the distinct answer to the maxim, the trite and quaint
maxim which no person disputed, that a deputy could not constitute
a deputy. The fact was, that there were not, and could not be any
deputies in the committee. In the present state of the law, we could
only regret that delegation was forbidden — but we should not be
driven, even by this impeachment, to violate the law, and expose the
Catholic committee to a prosecution. It assuredly could not be the
ntention of the gentlemen to drive the committee into that predica-
ment. It was impossible not to be sensible that he had already con-
sumed too much of the time of the meeting; he should therefore rapidly
conclude by moving the order of the day, namely — ' That the Catholic
petition be forthwith presented to parliament.' He was anxious to place
that out of the way of dissension. Indeed the cry of no petition,
like a somewhat similar cry in another quarter, had, it was supposed
by the country, been the watchword of party in Dublin. It was
strongly suspected by many well-meaning persons, that such cry was
used for the sole purpose of serving as a rallying word ; and this
suspicion unfortunately justified in some measure by the change that
-had taken in the arguments used to oppose the petition. Formerly,
DANIEL o'cONNELL, ESQ., M. P. 85
gentlemen talked for hours in praise of ' dignified silence,' and of
'frowning upon their enemies,' and of ' muttering curses deep not
loud.' Now, indeed, their faces were decked in smiles ; they were
smoothing their whiskers, and putting them on the peace establish-
ment ; they talked of delicacy, and with courtly air, entreated that
we would not embarrass our friends of the new administration.
Sir, I know but of one embarrassment in this nation — and that arises
from the state of weakness and distraction the empire suffers from the
political injustice inflicted on the Catholics. I know but of one
embarrassment to the Catholics, and that arises from the state of
inferiority and degradation in which the criminal neglect of our just
right leaves us. I know too, but of one course to procure emancipa-
tion. It is the open, manly, and constitutional right of petition
If you petition session alter session, you take away all pretext for
intrigue and cabal amongst yourselves ; all rational hope of managing
a party amongst us from your enemies, and also from your false-
hearted friends ; and for my part, my humble opinion is decided,
that you should continue to repeat your demands for liberty, until
every grievance shall be extinguished, and every trace of religious
oppression annihilated. It was, however, right to observe that if the
country differed with him on this subject, they ought in justice to be
heard. It was imperative on the committee to lay the petition before
parliament ; but no discussion could take place upon it till after the
Easter recess ; in fact, until the middle of next May. In the
interim, the managers for each county would be able to ascertain
the sentiments of their respective neighbourhoods ; and should it
appear to be the will of the majority of the Catholics, that the dis-
cussion of our petition should be deferred for another year, why the
example set by the English Catholics last session may be adopted, and
the petition allowed to lie on the table for the present. He must say
that he would regret any such determination, as our claims, if
understood, which they could be but by discussion in parliament, are
really invincible. But he never would set up his own opinion
against that of the majority, or even against that of any considerable
portion of the Catholic body.
" He then concluded by reminding gentlemen, that every authority,
human and divine, spoke trumpet-tongued of the evils of dissension ;
and he conjured the meeting, as they wished to be true to their
country, and to their God, not to divide, and distract fellow-labourers
and fellow-slaves."
86 MEMOIR AND SPEECHES OF
Mr. O'Connell finally prevailed, though not without a division,
on which however, there was a considerable majority against
Mr. Clinch's amendment.
According to a re:?olution of a previous meeting (on the 29th
December, in the preceding year, 1810), the petition was to be
entrusted to Mr. Grattan, for presentation in the Commons.
A short speech of Mr. O'Connell's at the meeting just
referred to — viz., that of December, 1810, may (without any
more extended notice of the meeting itself) be here inserted, as
one of the many links of the chain of evidence we trust this
collection of his public acts will be found to afford, in proof of
how undeviatingly he has always, while working for Ireland,
looked to, and endeavoured to serve, the best interest of the
empire at large.
" Mr. O'Connell said, that what had fallen from the learned gen-
tleman (Nicholas Purcell O'Grorman, Esq.) who had preceded him, re-
quired some observation. He (Mr. O'Gorman) had supposed that the
French party, mentioned by Mr, Grattan, was, by our enemies, alleged
to exist among the Catholics of Ireland. This was an assertion
which he, Mr. O'Connell, said he must controvert. There did not
exist, even among the mean and miserable herd of the adversaries of
the Catholics, any man so shameless as to assert that a French party
could be found amongst us. In truth, nothing could be more
obvious than that the only genuine and effective an^f- Galilean party
in Ireland v/as that of the Catholics — for their object is to consolidate
the strength, and increase the resources of the empire ; not merely
to contribute, as they do, to every defeat which the enemy meets,
but to render it quite impossible that he should ever succeed, by
combining the entire nation in the defence of their king and consti-
tution. Our first desire, and the motives which govern us, are to
take away from France even the hope of success by removing those
excuses of distrust, and dissension, and weakness iii this country,
which, at present, are really so many temptations to the enemy to
invade us. We would fain excite a national, and Irish party,
capable of annihilating any foreign oppressor whatsoever, and
devoted to the amelioration of this our native land. There is,
indeed, a French party that does exist in Ireland — a party most
useful to the views and designs of France. It is the party of the
present ministry — that party which exerts its vicious energies to
DANIEL O'CONNELL, ESQ., M.P. 87
divide, distract, and oppress the realm — that loads the nation with
the weiglit of ill-judged taxation, and employs the money, wrung
from poverty and distress, in fomenting internal dissensions — in
calumniating the L-ish people to each other — accusing the Catholics
of disloyalty because they seek the rights of the constitution —
charging the Protestants with bigotry, and yet encouraging them to
become intolerant. It is, in fine, this party which desolates the
country, and then talks to us of our growing prosperity."
Mr. O'Connell then proceeded to speak of Mr. Grattan,
and paid him the following warm and generous tribute : —
" He could not sit down without entreating of his learned friend, Mr.
O'Gorman, to withdraw his opposition to the present motion. Let
not our enemies be able to boast that there was a single dissenting
voice among the Catholics, upon the subject of Ireland's best and
last resource, Henry Grattan. Surely that learned gentleman can-
not be insensible to what that illustrious and genuine patriot has done
and suffered in the cause of his country, if other evidence were
wanting of his love for his devoted country. Alas, poor Ireland !
the active hatred of his enemies, which he has so long sustained,
would alone demonstrate it.
" That gi'eatest foe Ireland ever experienced — her first and deepest
curse — the late Earl of Clare, honoured Grattan with his deadly
hate. Can we forget it, how, under Lord Clare's auspices, a com-
mittee of the House of Lords turned itself, as it were, into a committee
of assassination of Grattan's character ; and, with monstrous effrontery,
gave to the public, in their report, what they did not themselves believe,
the assertion of a wretched informer, charging him with treason.
" They did not themselves believe it, for if they had, not only their
duty, but their strong and infuriate inclination required that they
should prosecute him even to death.
"■ At that melancholy period (and may heaven avert from Ireland
the recurrence of such another) little evidence was necessary, when
mere accusation could almost supply the place of guilt. Let this
instance of the vain and impotent malice of the enemies of Ireland
show the extent of his offence in serving his country.
" There was one other consideration which rendered it imperative
on the learned gentleman to abandon his opposition. Let him
recollect that it was Henry Grattan ' that watched over the cradle
of Irish independence, and that he walked after its liearse !' Our
88 Memoir and speeches of
country is entranced in the deatli-sleep of the Union ; and I pity
that Irishman who does not feel pleasure in repeating with me that
Henry Grattan is alone worthy to ' sound the glad trumpet of her
resurrection !'
" Surely it will not be said that Catholic ingratitude diminished
his ardours. He, Mr. O'Connell, felt that the sin of ingratitude
was heavy upon the Catholics, while they seemed to hesitate, but for
a moment, on this subject. He would not, therefore, detain the
meeting from passing, what he trusted would be, an unanimous
vote."
in perusing Mr. O'Connell's speeches, at the remotest, as well
as at more recent periods of his public career, the reader can-
not fail to be struck with their exceeding applicability to the
state of affairs in the present time. As in the first quotation
from the speech we have just been dealing with, so, in multi-
tudes of others, the remarks upon the conduct of those in
authority, and upon the actual condition and future prospects of
the empire in its parts, and as a whole, might be spoken at
the present day in Concliation Hall.
The cause of this lies with the government of England.
Speaking of the latter, without any present reference to parti-
cular ministries, or prominent individuals who controlled and
directed it at various times. The policy, or more correctly
designating it, the malignant infatuation of hostility to Ireland
and to Irish interests, which has so constantly, and with such
shameful consistency, ruled the conduct of that government in
dealing with Irish matters, has, of itself, necessitated an equally
constant and far more honourable consistency of popular de-
nunciation.
The designs of the men who wield the British government in
the present day, milder and gentler as are the means by which
they essay to work them out, have their origin in the same
spirit of fiendish inveteracy against Ireland, her religion and
her people, as the more bold, and, alas ! fatally successful plans
and efforts of the British government in 1799, and many a
bitter year afterwards. It can then be matter of little wonder
to find that the expressions of indignation and execration, which
evil intentions and actions provoked at former periods, should
DANIEL O'CONNELL, ESQ., M.P. 89
be found perfectly and powerfully applicable, when similar
provocations are making themselves manifest again.
On the 9th of February occurred another of the occasions,
now fast multiplying, to test Mr. O'Connell's abilities for
leadership, in the important points of conciliating opposing
sentiments, obviating the difficulties suggested by the timid, the
silly, or the dishonest, and clearing away the obstructions
wantonly thrown up to arrest or divert the popular move-
ment.
In the current of this debate, as in that of the preceding
debate of this month, there was strong evidence of a design, on
the part of a few individuals in Dublin, to get into their own
hands the exclusive management of Catholic affairs. Ivlr.
O'Connell, while he entirely defeated this effort, and kept
the Catholic Committee on its liberal and more popular basis,
yet so managed matters as to have been appealed to by one of
the chief parties in the debate to compose the differences that
were agitating the meeting.
His speech for this purpose was as follows : —
<' Mr. M'Donnell's motion is for au adjournment for a fortnight,
and the proposal has been offered on such reasonable grounds, that I
give it my most cordial support. Let it not be supposed that I am
actuated by any personal feeling, or that 1 secretly indulge a hope of
becoming one of the persons who shall be entrusted with your peti-
tion. High as I esteem the honour, I am not endeavouring, by any
means, direct or indirect, to obtain it. I think not so highly of my-
self, and I must declare that it would be to me a most pleasing cir-
cumstance if there could not be found a more suitable individual than
myself. I conjure my countrymen not to suppose that I would make
the cause of my native land subservient to any idle or criminal ambi-
tion. I reject, with scorn, the foul imputation. I seek only for
unanimity among Catholics, and I leave to others the glory of divid-
ing the body. I do not wish to speak harshly ; I have often been
mistaken, but I cannot avoid saying that, unfortunately, I have wit-
nessed in the discussion of this day, more violence than should have
entered into the consideration of slaves. I do not suppose that the
gentlemen act from base or unworthy motives ; but I say that error
has entered their hearts, and I lament its baneful effects in the divi-
sion which it must inevitably cause among the Catholic body. When
90 MEMOIR AND SPEECHES OF
are our petty and miserable squabbles to have an end ? Are we not
allowed to go into open air ? But must we decide on the impulse of
the moment, with all the evil effects of division and distraction
whereas by an adjournment of a fortnight, we would become unani-
mous. I do not give up my opinion of the necessity of delegation ; but
1 would rather forego the advantages resulting from delegation,
than weaken the effect of your petition by dividing the committee on
the question. The petition must go before both houses of parliament,
and its merits must be discussed, but I will not, by pressing a divi-
sion, afford an argument to your enemies to identify the sentiments
of a few men in this committee, with the voice of five millions of per-
sons. It has been proved to you this day, that the sentiments of
several populous and respectable districts are indubitably in favour of
having their petition committed to the care of delegates ; but I will
concede the point, for I would think myself criminal if I should
divide the committee. My Lord Ffrench, I entreat you to consider,
if it is not an evU of the utmost magnitude to divide us, as it will
show to our enemies, who are secretly exulting at the prospect of
division — that we are to the last a divided, and, thei'efore, a con-
temptible people — for objects for the derision of our malignant ene-
mies. See the predicament we are reduced to. We are charged
with having a faction amongst ourselves, and we ask for deliberation
for a fortnight, which would render us unanimous. It has been said
that I am anxious to become one of your delegates ; I solemnly
assure you that I am not. Some of my friends have often expressed
their wish that I might become the object of your choice, but I did
say that I could not have that honour. So impressed am I with the
necessity of being unanimous, that I promise the gentlemen, if they
consent to adjourn, that I shall, at the next meeting, vote against
delegation. (Cries of ' hear, hear ;' Mr Keogh seemed to declare
that he and his friends consented.) I thank the gentleman for his
concession : I hail it as a happy omen ; it is the voice, it is the heart,
it is the support of his venerated father. (Hear, hear, hear.) We
now are actuated by a proper feeling ; for it is by perfect unanimity
alone that we can triumph. You no longer afford your enemies the
malignant gratification of seeing dissension among you. It is thus
you conquer the bigotry of your opponents ; not ' by frowning and
dignified silence ;' but by heart-felt unanimity. (Hear, hear.) It is
thus you put them down ; and let us no longer be a miserable or
divided people, but a great and ixnanimous people, whose voice is
justice, and must be laAv. (Loud applause,)"
DANIEL O'CONNELL, ESQ., M.P. 91
The conciliation of personal differences, and closing up of
divisions which Mr. O'Connell thus exhorted them to ; and with
success on this, as on other occasions, was the more necessary to
the Catholics, as, within a very few days, their committee had
to enter upon an external struggle for its very existence.
The wretched government of the day now conceived the idea
of waging a more active warfare against the Catholic agitators
than had been for a considerable period attempted. There had
always, indeed, been a kind of government undergroid ; even when
the popular eftbrts were limited to the simplest and humblest form
of petitioning. It was rated as a degree of audacity scarcely to
be tolerated, that they should avail themselves of what limited
portion of the constitution was allowed to them, to seek for
more ; that the oppressed and aggrieved race should make use
of the partial relaxations yet accorded from their unjust bondage,
to labour for its entire abolition. The cant-phrases of the
practisers and advocates of oppression — phrases such as we see
in the articles of English newspapers at the present day, and in
the reports of English parliamentary speakers — were hurled
against all who spoke, above their breath, of wrongs to be
redressed, privileges to be restored, rights to be conceded.
" Disturbers, seducers of the people, interested and mercenary
demagogues, selfish and hollow-hearted agitators," such are the
holiday and lady terms with which, then, as now, those have
been greeted, who attempt to act on the great principle that man
is not created for his own ease and his own purposes alone —
that, while his first and highest duty is to heaven, the second
great injunction of our divine Redeemer, man's duty towards his
neighbour, has an enlarged but most relevant and imperative
application in the duty he owes his country.
The campaign the government had resolved upon in this
year, brought as little of credit or benefit to them, as there was
of justice in undertaking it. In fact, they recklessly plunged
themselves into what was, on their part, nothing other than a
most undignified squabble with the Catholics. The causes of
their doing so were not far to seek. The unhappy Perceval,
and his miserable colleagues, had their religious bigotry inflamed
and exasperated, by the alarm which their political bigotry had
taken from the Repeal agitation of the preceding year, cordially
92 MEMOIR AND SPEECHES OF
cauffht up aim assisted, as it had been, by the Catholic leaders.
The pretext for interference with Catholic agitation this year
the system which had been adopted in constituting the Catholic
Comiiiittee, partook of the nature of delegation, and so came
under the terms of the Penal Act of 1793, against " Conven-
tions." In so far as there was any ground for this charge, Mr.
O' Council stood exonerated, with his party, from all blame;
as the incautious resolution, which was said to have involved
them, was passed in his absence from Dublin.
The government commenced the war by the following letter,
of which copies had been sent to all the sheriffs, chief magis-
trates, &c., throughout the country : —
"Dublin Castle, February 12, 1811.
" Sir — It being reported that the Eoman Catholics, or some part of them,
in the countv of , are to be called together, to nominate or appoint
persons as representatives, delegates, or managers, to act, on their behalf, as
members of an unla'.rful assembly sitting in Dublin, and caUing itself the
CathoUc Committee ; you are required, in pursuance of the provisions of an
act of the 33rd of the king, chapter 29, to cause to be arrested, and commit to
prison (unless bail shall be given,) all persons vithin your jurisdicion, who
shall be guilty of giving, or having given, or of publisldng, or having pub-
lished, or of causing, or having caused to be given, or published, any
written, or other notice of the election and appointment, in any manner, of
such representative, delegate, or manager, as aforesaid ; or if attending,
voting, or acting, or of having attended, voted, or acted, in any manner in
the choice or appointment of such representative, delegate, or manager ; and
you are to communicate these directions, as far as lies in your power, forth-
with, to the several magistrates of the said county.
By command of his grace, the Lord Lieutenant,
W. W. Pole.
With this precious communication, there was forwarded, to
each partv, to whom it was addressed, a paper, entitled, " some
observations and extracts concerning arrests of criminals." The
*' observations, exracts," &c., concluded with this passage : —
" As at this time the attention of magistrates must naturally be
chiefly turned to cases of a seditious nature, some extracts from
the several acts of parliament made, relative to such offences,
are herewith sent." The government having thus so thoroughly
committed itself, and tmdergone the open defiance we have
mentioned, in the capital itself, determined to act. The Catho-
hcs, on their side, determined to persevere — contending that
their onlv purpose of meeting was to petition ; and that that ob-
ject took their assemblage out of the scope and terms of the Con-
1
DANIEL O'CONNELL, ESQ., M.P. 93
vention Act. The following is the newspaper report of the first
collision : —
"CATHOLIC COMMITTEE.
SATURDAY, FEBRUARY 23.
"TRIUMPH OF THE IRISH PEOPLE — INCONSISTENCY OF 3IR. POLE; OR, SECOND
THOUGHTS BEST.
" At a meeting of the Catholic Committee, on the 9th instant, a
motion of adjournment, till this day, at two o'clock, was put and
carried. ISlr. Pole's letter of the 12th is before the public. About
one o'clock some highly respected Catholics, of rank and independent
fortune, entered the room, but the chair could not be taken before
two. At half past one, when the members were in the act of as-
sembling, Alderman Darley and Babington, Esq., arrived,
and, in their magisterial capacity, addressed Lord Ffrench and the
gentlemen present in the following words : —
" Alderman Darley — My lord, we are come, as magistrates of this
district, to inquire whether the persons present compose the Catholic
Committee ?
" (Here Lord Ffrench was called to the chair His lordship com-
plied.)
" Lord Ffrench — ^I beg leave to ask, on what accoimt, or how are
you justified in obtruding to ask the question ?
" Alderman Darley — We are really justified by the Government.
" Lord Ffrench — I beg to be understood, that though I feel the
highest respect for the laAvs of my country, that while I feel it to be
your duty to obey those laws, yet I feel it my duty to inquire, for
the satisfaction of the Catholics of Ireland, how you are authorized
to act for the dispersion of this meeting ?
" Alderman Darley — TVe are directed by the government of the
country, and w^e trust you will be so good as to quietly disperse.
" (Here Mr. Lidwell, a Protestant gentleman, of great respecta-
bility, said : ' I feel myself here on so loyal and constitutional
ground, that I icill not leave this room unless removed by the strong
hand of power')
" Lord Ffrench — It is right I should warn you of the danger of
your thus approaching this meeting under this summary authority —
you may be the fii'st person to disturb the public peace.
Alderman Darley — We sincerely regret that it has fallen to our lot
to discharge this painful duty. You see we are come alone — we are
94 MEMOIR AND SPEECHES OF
unattended, even by a single constable. We feel we have many
friends present. I repeat, again, tliat we regret it has fallen to our
lot, but our duty must be done.
" Lord Ffrench — I feel a high respect for the laws of my country,
and I have only this favour to ask — Let me 7iot he disgraced — let
me have the honour of being the last man to leave this room.
Mr. Babington — We feel the highest respect for the gentlemen of
the committee — we highly respect your lordship. If your sole object
in remaining here be to try the legal question, we will do anything
to facilitate the question. Anything like force is repugnant to our
feelings — we, therefore, hope you will quietly submit. Bring your
action against us in the legal and constitutional way.
" Lord Ffrench — Begin, gentlemen, at that end of the room. I
shall go the last. 1 have got my night-cap in my pockety and am re-
gardless ivhither you lead me.
" Counsellor O'Connell — It is impossible that from any man in this
room the laws should meet with the least resistance, but tve cannot
compromise our country's and our children's rights. If you,
gentlemen, think it necessary to require any further force, I beg to
assure you that every member of this meeting is ready and willing to
submit themselves to the laws.
" Counsellor Hussey — Alderman Darley, have you any informa-
tions, on oath, against any one here present ?
"Alderman Darley — I have not.
" Sir Edward Bellew — I wish to ask the magistrates one question.
Whether you have received any orders from government to disperse
any meeting of Roman Catholics ?
" Alderman Darley — I am ordered and directed, by government,
to request them to disperse, be their business what it may.
" Mr. O'Connell — You have stated that you were ordered to
request ; were you directed to disperse the meeting ?
" Alderman Darley — The fact is, that I am directed not only to
request, but to order the meeting to disperse.
" Lord Ffrench — Alderman Darley, would you shut the door to
petition ?
" Alderman Darley — Certainly not.
" (Here Lord Ffrench recommended Alderman Darley to return to
Mr. Pole for further instructions. He would give government an
opportunity of reconsidering the subject — the meeting were re-
solved— at present his lordship would not call it the Cntholic Com-
mittee.)
DANIEL O'CONNELL, ESQ., M.P. 95
" Alderman Darley — I will go up to Mr. Pole, if you will permit
Mr. Babington to remain here. To this proposition the meeting
gave its full assent ; and Alderman Darley ' icent up the hill and
down the hill again!
^' On Mr. Darley's return he thus addi'essed the chair : — ' My
Lord Ffrench, I have waited on Mr. Pole, and I am instructed to
say, it is not the intention of government to prevent the Catholic
Committee from meeting to prepare or forward their petition ; but as
your lordship said this is not the Committee, we are instructed not
to molest you. And as your lordship expressed your surprise at
any steps which would be taken against a meeting of which you were a
member, I am desired to say, that Mr. Pole would be happy to see
your lordship.
" Lord Ffrench — In order to prevent any misconception, it is fit
that this matter should he distinctly understood.
" Mr. Darley — My lord, I told Mr. Pole that you were chairman,
and have been desired to say, that Mr. Pole would be happy to see
your lordship.
" Lord Ffrench — Feeling, as I do, on this occasion, when the fate
of millions is concerned, as well as my own honour, I must declare
that I will not have any private solitary dialogues with Mr. Pole.
But if he wishes to have any confei'ence with any of the highly
respectable gentlemen who are now present, I would recommend to
draw three or live persons who can have an interview with him.
" Mr. Darley — Mr. Pole would be happy to see three or five
gentlemen, or as many as you please. Mr. Darley then said, that he
hoped the gentlemen would do him the justice not to suppose that he,
as far as his own feelings were concerned, had acted, or was inclined
to act, with harshness.
" (Here Mr. Darley received the thanks of the chair, which were
confirmed by every gentleman present.)
" Sir F. Bellew, Bart. — I wish to know whether Mr. Pole said
that he wished to see any gentlemen belonging to the committee.
" Mr. Darley repeated what he said before respecting Lord Ffrench
having expressed his surprise that any steps should be taken against
any body to which he belonged.
" Lord French — I certainly did say, that I was astonished at
hearing that government was taking any steps against a body to which
I belonged, as the government must know that I would not sanction
any illegal meeting.
" Mr. O'Gorman — My Lord, I had not been here when Mr. Darley
96 MEMOIR AND SPEECHES OF
first entered the room, but I am glad that I have now an opportunity
of asking him a question. I came here to-day for the purpose of
signing a petition, and I wish to put the question pointedly to him,
for I determined to suffer myself to be committed to prison in
defence of the rights of the Catholic Committee. We have met here
to-day for the purpose of signing the petition, and transacting other
matters connected Avith the furtherance of it. I therefore ask
Alderman Darley ichether he came into this room with orders to
disperse the Catholic Committee, appointed on behalf of the
Catholics of Ireland, to prepare and forward their petition to
parliament ?
" Alderman. — No, no, certainly not.
" (Here, then, is the real triumph of the Catholic cause, proving,
at the same time, the rashness, irresolution, and inconsistency of Mr.
Pole, because Alderman Darley expressly declared, several times, on
his first entrance into the room, that he had positive orders, from
government, to disperse the Catholic Committee, assembled to perform
any act whatsoever.
*' So, then, Mr. Pole can act wisely on second thoughts, particularly
after the valuable information which Alderman Darley communi-
cated to him of the stubornness, as the Wellesleys may call it, but
more truly of the spirited resolution of the Catholics to demote them-
selves in defence of their rights.)
" Alderman Darley told the chairman that he should do himself
the honour of informing Lord Ffrench of the time which Mr. Pole
might appoint to see the Catholic gentlemen.
"Lord Ffrench nominated the following gentlemen to accompany
him when he shall have an interview with Mr. Pole : — Sir Edward
Bellew, Bart., Cornelius Keogh, William Murphy, Daniel O'Connell,
and Randall M'Donnell, Esqrs.
" The chairman having been moved out of the chair, and Sir
Edward Bellew voted into it —
" Resolved — That the most cordial thanks of the Catholics of
Ireland are due, and are hereby given to the Eight Honourable Lord
Ffrench for his spirited and dignified conduct in the chair.
"(Signed) Edward Bellew, Chairman.
"It is only necessary to add, that the meeting was numerously
attended by the most respectable country gentlemen.
" Adjourned to Saturday next."
A short correspondence ensued between Mr. Pole and Lord
DANIEL O'CONNELL, ESQ., M.P. 97
Ffrench, In which the latter, with the same ability and dignity
he had shown in the chair at the meeting, again foiled the
secretary, who wanted to make it appear, that the deputation of
the Cathohcs were anxious to see him, instead of his having
required to see them, as had been distinctly intimated by Mr.
Alderman Darley.
Following up the obvious policy of endeavouring to conciliate
the prince regent — at that time " in all but name a king ;" and
also still hoping and believing in his friendly intentions, not-
withstanding some ominous indications, on his part, of want of
sincerity, if not of worse, the Catholics met, in aggregate meeting,
on the 8th of March, at the Fishamble-street theatre, to address
him on the occasion that had called him to the throne, and
record their utter dissent from the conduct of the Perceval
ministry, in unconstitutionally limiting his powers in his new
office.
Mr. O'Connell made two speeches on this occasion.
The first was simply explanatory of the objects of the
meeting, and introductory of an address drawn up in con-
formity with those objects. Its adoption was seconded by Mr.
Shell, in a speech of great talent, and carried unanimously ;
as was also a motion that the address should be presented to his
royal highness by the following noblemen and gentlemen : —
Earls Shrewsbury, Fingal, and Kenmare; Viscounts Gormans-
town, Netterville, and Southwell ; Lords Trimleston and
Ffrench ; Sirs Thomas Esmond, Edward Bellew, Hugh
O'Reilly, Thomas Burke, and Francis Goold, Barts. ; Major-
General O'Farrell ; Colonel Burke; Messrs. G. Bryan, R.
M'Donnell, D. O'Connell, J. Keogh, Owen O'Connor, M.
Donnellan, Edward Corbally, T. Wynne, J. Burke, Wm. Cop-
pinger, Ambrose J. Roche, Edward Murphy, D. W. O'Reilly,
George Browne, E. Taaffe, D. Caulfield, Esqrs.
The following is the newspaper report of his first speech : —
" Sir Edward Bellew — At the suggestion of several members of
the Catholic committee, whose wishes are considered by me as an
imperative law, I rise to address you at this early period of the meet-
ing on a subject on which universal unanimity prevails. Indeed, it
were impossible, in Ireland, to procure among the Catholics, on the
H
98 MEMOIR AND SPEECHES OF
subject I shall submit to you, a single dissentient voice ; need I say
that I allude to a dutiful and loyal address to his Royal Highness the
Prince of Wales. I shall not consume the time of this meeting, by
entering into an explanation of our motives for presenting the
address ; and I feel it would be a reproach to induce any argument
to justify a measure so anxiously wished for by the Catholics of Ire-
land. We owe it to his I'oyal highness to express, with heartfelt
gratitude, our unfeigned thanks for the many favours and benefits
conferred on us by his revered father, to whom we are perhaps
indebted for the privilege of meeting here this day. — [Here Mr.
O'Connell took a summary view of the political state and incapacities
of the Catholics, at the accession of his Majesty to the throne J —
when, he said, they were excluded from every situation of trusty
honour, and emolument ; when the then existing laws sanctioned the
breach of every honourable principle ; when there was hardly a
grievance or degradation that man could be subject to, that the laws
did not inflict on the Catholics of Ireland. Thus stood the abomi-
nable code at the period of his Majesty's accession, and such hard-
ships and slavery did it impose, that the mind cannot contemplate on
it without recoiling with horror and disgust. By adverting to this
period of our history, he did not wish to excite religious distinctions ;
he did not wish to rekindle hatred and animosity among his country-
men ; his motives were widely different : they were to lay before the
meeting the obligations we owed to his Majesty, for the many privi-
leges which the Catholics at present enjoy. Though we continue a
degraded race in our native land ; though we still suffer, as we do,
the exclusion from every situation of honour and of emolument, yet
to the kind interposition of his Royal Highness the Prince of Wales
he looked forward for the full and speedy extinction of our slavery.
The past conduct of his royal highness assures us that those disabi-
lities which distinguish the Catholic from the Protestant, can no
longer continue. Through life, on every constitutional question, he
has given the nation a convincing proof of the liberality of his enlight-
ened mind. He has selected the friends and companions of his pri-
vate life from among the most able statesmen that England ever
produced. Who can forget that Charles James Fox was the bosom
friend of the Prince of Wales? (Hear, hear.) AYho can forget
that the Prince of Wales expressed his anxious desire that the consti-
tutional principles of that immortal patriot should be impressed on
the mind of his infant daughter ? Among the confidential friends
of the Prince, let it be recollected that the Hutchinson family hold a
DANIEL O'CONNELL, ESQ., M.P. 99
distinguished place. And here permit me to remind you, that if there
be any class of people that owe that great and good family a special
debt, it is the Catholics of Ireland. He had almost omitted to men-
tion the name of his illustrious countiyman, Mr. Sheridan, who has
long participated in the friendship of his royal highness ; but he was
ashamed for trespassing so long on an occasion like the present, when
he found himself incapable of describing the grateful feelings of the
Catholic people to his royal highness, to whom they were attached by
every principle of loyalty and of gratitude. He lamented that
through the misguided folly of our rulers, the country had already
suifered too much. It had been involved in deep calamity ever since
the baneful measure of Union had been forced upon distracted Ire-
land. (Hear, hear.) At that calamitous period the argument made
use of by the parliament of England, for withholding from the Prince
his undoubted right, was, that by appointing him Regent, they pre-
ferred him to William Pitt. The offence given to the ministry of
the present times seems to be, that the people prefer his royal high-
ness to the usurper, Perceval. It is observable that the moment the
Regent was appointed, W. "W. Pole set off for Ireland, to misrepre-
sent the Catholics and excite discord. He (Mr. P.) seemed to fear,
that in the liberal mind of the Prince something would be found that
would di'ive faction out of its fastness. He took the most decisive
measures that his little mind could suggest. Although a general
committee of the Catholics of Ireland had been established for almost
eighty years, he had the audacity to issue his proclamation, declaring
that it was an illegal assembly, and that the meeting was •guilty of a
high misdemeanour. He thus thought proper to pronounce sentence
without going to trial ; without the interposition of any judge. He
said he acted under the advice of a judge, who is not a native of this
country, and who is, therefore, ignorant of the Irish character. He
admitted that the judge was an accomplished gentleman and an able
lawyer, but Irishmen would not submit to be ruled by special plead-
ings and English technicality. But to return to the subject of the
letter. It appeal's that it was the first act of his royal highness's
government in Ireland. It was the ill-advised measure of William
Wellesley Pole, the secretary of all ages. We know it could not
have emanated from his royal highness. As for Wellesley Pole,
he was first secretary to the king, then to the usurping pro-
tector, and then to the regent ; but his fii'st act was for the
purpose of putting up the Orange, and dividing Irishmen ; but
this was not the act of the prince ; hi? confidential fiienJs' conduct,
100 MEMOIR AND SPEECHES OF
in both houses of parliament, is a sure pledge that what appeared
as the first act of his regency, was unknown to him. The Earl of
Moira had disavowed the act, and he was not only a friend to his
country, but he was the friend of his prince ; he could not speak in
terms strong enough of the noble exertions of that great man in
behalf of his country ; he was the true patriot, not like the men who
might vote for the Catholic petition. He would disavow them as
they voted at the side of Perceval against their prince — one member
for the county he belonged to had done so, and he hoped yet to meet
him on the hustings to express the contempt he felt for such conduct.
How different was the conduct of the other member of that county ;
he would not mention him by name, but his grateful country felt his
worth — the Knight of Kerry. [Mr. O'Connell then adverted to the
address he was about to propose.] It had, he said, the concurrence of the
existing committee — it had the approbation of that venerated man, Mr.
John Keogh — in short, it had been approved of by all the friends to
the Catholic cause, to whom it had been submitted. Mr. O'Connell
then proceeded to read the address, which was very concise, and to
the following effect : — ' We take leave to approach your royal
Highness, to express our heartfelt sorrow for the grievous malady
with which our revered sovereign is aiJlicted. We remember, with
gratitude, the many acts of favour and protection which his Roman
Catholic subjects have received during his reign.' It then proceeded
to express their confidence in his royal highness, and how pro-
vidential it was, that, at such a crisis, the nation had such a prince to
uphold the principles of the constitution, and to protect it from its
foreign enemies ; and it assures his royal highness that every hand and
heart in Catholic Ireland are devoted to his support. It then proceeds
to lament the hateful restrictions with which his royal highness is
encumbered, and that the Catholics of Ireland, feeling the delicate
situation in which his royal highness was placed, would forbear to
enter into a statement of their situation ; and it expresses an
assurance that they know his royal highness to be their friend ; and
that, in a recent instance, they had experienced the favour and pro-
tection of his royal highness."
Mr. O'Connell's second speech, on this occasion, was to com-
pose a difference that had sprung up, relative to an amendment
condemnatory of the lord lieutenant, the Duke of Richmond.
This was proposed by Major Bryan, but opposed by many
influential persons present, on the ground chiefly of expediency ;
DANIEL o'CONNELL, ESQ., M.P. 101
though some went so far as to praise the conduct of as bad a
viceroy as Ireland had a long time known. At length, however,
the motion was carried in a modified shape, praying inquiry
into what might be the circumstances justificatory of the circular
letter we have before given, written by Wellesley Pole, the
secretary ; and that if none such could be found, that his royal
highness should dismiss the latter, and his principal, the Duke
of Richmond.
Counsellor O'Connell — " Sir Edward Bellew, I declare, most un-
affectedly, that my feelings are much interested in the fate of this
question. On the one hand, if the motion shall pass, it is to be
feared that some of our best friends may take offence at it ; on the
other, shall it not be acceded to, it may encourage a supposition that
we are prepared to submit to every species of insult without express-
ing our just indignation. A noble lord and two other gentlemen
have spoken against it, whose hostility to any measure, in a Catholic
meeting, must be considered as almost fatal to that measure ; but in
this case it will be forgotten, at a future day, what course of argu-
ment they pursued, when their opposition to the measure will be
remembered. No gentleman has, however, thought of praising Mr.
Pole, although some eulogized the lord lieutenant ; none has been so
bold as to attempt that which would rack and exhaust invention to
make it palatable. No, sir ; it has been found necessary to squander
the public money in purchasing the labours of hireling prints, and
their depraved parasites, to bestow diplomatic wisdom on Mr. Pole,
and military skill on the redoubtable Lord "Wellington. What man
in this assembly shall be found voting against any censure of
Catholics upon those men who came here under the conviction that
they thus stand pledged against your claims, and must be prepared
to concur in every measure of a no-popery administration. Any
men who could accept offices under a Perceval ministry cannot be
friendly to your emancipation. The Duke of Richmond came here
as a military lord lieutenant, and I suppose Mr. Pole as a military
secretary, expecting, in all probability, that a display of their talents
might, at some time, be essential, and particularly amongst the
Catholics, as if we could be hostile to an army composed entirely of
such. The career of his excellency's life has been a harmless one ;
he is fond of amusement and the convivial circle ; but I am not sure
that the qualities are such as the government of Ireland needs at this
moment ; and I defy his panegyrists to produce any others. It has
102 MEMOIR AND SPEECHES OF
been said that the Orangemen are put down ; but what proof have
we for it ? I have been informed that a new Orange constitution
has been framed within the last eighteen months ; if this be true, to
what a state will not this country be again reduced. Nothing can be
more deplorable than any association which has a tendency to divide
Irishmen. Yes, there is, to us, one thing more deplorable ; and that
is any measure which may create division amongst Catholics-
Having said so much respecting the Duke of Richmond, it is but
fair to observe, that there is no proof against him in Mr. Pole's
letter ; nothing can be deemed official from him but his proclamation
I do not mean to dispute about words, but let me concede what is
right, and say that some more evidence of the duke's concurrence with
Mr. Pole, is wanting to justify us in adopting this motion. Is it
becoming the dignity of the Catholic body to censure without exami-
nation— to condemn without scrutiny? Is it worth our while to
divide this meeting about a cabinet clerk? It is quite manifest, that
if the honourable mover presses his resolution a division will be the
consequence. I think some middle course may be adopted, which
may save us the necessity of dividing the Catholics. I am sure the
gentleman who brought forward this motion, would not wish to insult
the prince, or the meanest individual in society ; that gentleman I
am proud to claim as my friend ; his dignified and spirited conduct,
in upholding your character, entitles him, very fully, to the confi-
dence of the Catholics of Ireland. Whatever decision this assembly
may come to, I shall, of course, assist, to the best of my abilities, in
furthering our common cause ; but in the hearing of my countrymen
I declare, that the passing of this resolution will provoke the enmity
of a powerful party in our own body, with whom the Duke of
Richmond is personally acquainted. The great objection to this
petition is, that it demands what is impracticable ; you address the
prince regent to remove the Irish executive, and sure you do not
mean to say that it is in his power to do so. ;See what comes of it — if
you agree to this motion, you certainly insult the regent, because you
ask him to grant a favour which it is not in his power to bestow, and
on his refusal you may be tempted to say, that he will not do all he
can to conciliate Ireland. I know the artillery had been prepared to
intimidate a constitutional and unresisting assembly of gentlemen.
I know the military were at new quarters to co-operate in the mighty
plan. I know that the city of Dublin might be compared, on that
day, to a place besieged, but all these occurrences are not sufficient
to justify a measure not well digested, and which Avill infallibly
DANIEL O'CONNELL, ESQ., M.P. 103
divide the Catholics once more. Let me suggest, by way of accom-
modating the diiference, an amendment ; I am not prepared with
one, but the substance of it would be, to refer this question to the
next meeting of the Catholic committee, for them to consider the pro-
priety of petitioning parliament on the subject ; and if the committee
shall take it up, and address for the removal of the lord lieutenant
and Mr. Pole, there is no doubt but it will take place. I would leave
the discussion of this question altogether to the committee ; this
course of mine may not be the best, but it is well meant; would it
not be a cruelty to the Catholics to cause a division amongst them
for the sake of Mr. Pole ? I may be told, the gentlemen of the com-
mittee would be against the introduction of this question ; if so, let
them decide according to their judgment in the committee, but let us
not persist in this miserable practice of counting noses at an aggre-
grate meeting. Gentlemen may say the committee may be wrong,
and an aggregate meeting right, and, therefore, persevere in
causing a division ; I think, although there may be a majority for
the motion, the minority will be triumphant. We stand upon high
ground at present, let us not descend from it by mean or vindictive
measures. I shall not detain you longer, than to entreat gentlemen
to consider the fatal consequences of dividing the Catholics. By
persevering and carrying this motion, you most certainly will insult
the prince, although unintentionally. See what a victory will be
to your enemies to put one Catholic name against another when you
divide. My God ! are gentlemen so wedded to their own opinions
as not to yield a little for the sake of unanimity ? For my jDart I
am always ready to concede any opinion or measure of my own,
when a better may be offered ; and I shall always do so when a doubt
occurs to me that my own opinion may be correct. I earnestly
conjure you not to leave it in the power of your calumniators to say,
tliat you have proceeded beyond the bounds of discretion. I will now
move, as an amendment to Major Bryan's motion, that the considera-
tion of this question be referred to the members of the general
committee, at their next meeting."
On the 20th of April, 1811, there was another discussion in
the Catholic Committee, Lord Fingal in the chair, on the
instructions to be given to the delegates who were to go to
England with the Catholic address and petition to the prince
regent. Mr. O'Connell announced the impossibility of his
forming one of the number owing to professional engagements ;
104 MEMOIR AND SPEECHES OF
and supported a motion of Sir Edward Bellew, for disclaiming,
on the part of the Catholic Committee, " any right to control
the delegates."
The base manner in which the hopes of the Catholics were
excited, and the delusive nature of the assurances with which
they were fed, of the good will of the prince regent towards
them, will appear from a few sentences which we will quote
from his speeches on this occasion.
" He earnestly deprecated all division at a time when the
Catholics of Ireland were so near emancipation — a moment when
the accomplishment of their ardent wishes, the fulfilment of their
longing expectations, and the reward of their unwearied labours
were in view — when their emancipation was considered at hand
Let them not fear that in going forward to
present the petition with the address they would offend the prince.
Could he suppose such an event ; he (Mr. O'Connell) solemnly
declared, from the feelings of genuine loyalty in his heart to the
prince, he would give up any question sooner than incommode his
royal highness. But it was not the case. The prince has shown
how he regards the true principles of the constitution
such a petition would give satisfaction, not displeasure, to him, and
so he would venture to prophesy ; the delegates would find it."
The bigoted and pettifogging hostility of the ministry to
the Catholic claims continued to betray them, during the course
of this year, into several of those " mistakes" which, in matters
of state policy, are held by those who assume to be authorities
as to statesmanship, to be " worse than crimes ;" both designa-
tions, however, apply to the acts of the English government in
181 1, as, unfortunately for poor Ireland, they apply to the acts
of her English governors, throughout the weary period of her
subjugation.
Amongst the most ludicrous of those "mistakes" was the
prosecution for libel of the individual who is known to fame in
Ireland, as " Watty Cox," proprietor of a periodical of a
strange rollicking character, which he entitled The Irish or
Watty Cox's Magazine. One of Mr. O'Connell's speeches, in
mitigation of punishment, will give the reader some idea
of the man and his publication. Cox was found guilty on
DANIEL O'CONNELL, ESQ., M.P. 105
two indictments, and sentenced to the pillory, and to im-
prisonment.
Mr. O'Connell. — " My lords, I am compelled to intreat your
attention to a few observations, by the particular request of my
unfortunate client. Had I merely consulted my own feelings and
judgment, I certainly should consider anything from any man
unnecessary, after what has been so powerfully submitted to your
minds, by the talents of my eloquent and able colleague. I not only
consider it unnecessary, but justly apprehend that it may prove
injurious, by diminishing the impressions which his address must
have created on this court. My lords, attempts have been made to
blacken my client's character, by describing him as a systematic and
common libeller ; I trust that insinuations of this description can
have no weight on this court, or diminish the claim of my client on
its mercy. If he has been a libeller on any other occasions, he is
liable to be tried for such productions, and to be punished if con-
victed. It is, in truth, a libel on the law officers of the crown, to
insinuate that they would suffer to escape from their notice such
libels as could affect the safety of the state ; it is, of course, the pre-
sent duty of the court to dismiss from their minds every other
blameable publication, and confine their attention to the publication
immediately before them. This publication is written in a manner
which must greatly circumscribe the range of its mischief — absurd
and unintelligible, extremely vulgar but extremely obscure — levelled
to the language of the common people in its expression, but entirely
hid from their understandings by its incongruity. Thus it is unin-
telligible to those on whom the mischief could operate ; and it carries
its own antidote to those who have the ingenuity to extricate any
meaning from the wretched mass of absurdity. That the production
must be quite unintelligible to the common people, clearly appears
from this circumstance : — The writer, when speaking of the abomi-
nable tyrant of France — I use the words of my client, in which, in his
affidavit, he describes the present ruler of that country, I would be
understood as incapable of applying such phrases myself to any man
the writer, 1 say, in speaking of that character, clothes him in
trophies, emblems, and various adjuncts, not only very ridiculous but
inapplicable, and in no place suitable or characteristic, quite unfit to
unravel his enigma or develope his allegory, but well adapted to
make it inexplicable and impenetrable. For instance, he invests the
ruler of France with those naval charactei-isiics only adaptable to a
106 MEMOIR AND SPEECHES OF
resistless naval power that rides on the wave the lord of the ocean ;
how, when, where, did he acquire trophies and honours of that kind ?
"Was it at Camperdown, St. Vincent's, Aboukir, or Trafalgar ? Few
could understand the character under so awkward, so strange a
description — few could know the man, when decked in attire so
suitable to conceal or to mislead.
" My lords, as to punishment by considerable fine, strictly speaking,
punishment of any kind cannot affect him in a pecuniary way. His
poverty protects him in a pecuniary way ; but though a considerable
fine cannot affect him in a pecuniary manner, it may affect him in a
manner particularly severe, because it may, indeed, in effect it must,
amount to the punishment of perpetual imprisonment. Perpetual
imprisonment is unknown to our law ; nay, it abhors imprisonment
that is measured by years ; and although such punishment has been
sanctioned by the judicial severities of modern times, it was entirely
unknown to the merciful wisdom of the law of our fathers — the common
law of the land. The common law abhors a lengthened imprison-
ment, that melancholy, miserable, emaciating punishment, which
shuts a man out from the fruits of industry, the comforts of society,
the joys of his fireside.
" The common law is slow in inflicting such a punishment ; and
that high crime of unjustifiable homicide — the highest of all crimes
not punished with death — the wantonly sporting with and destroying
the life of another, the common law considers as sufficiently punished
by imprisonment for a single year. Punishment by fine in this case
cannot operate against income, but may against industry ; it cannot
reduce competence to poverty, but may reduce poverty to want ; his
family are fed by his labour ; exclude him by imprisonment from the
opportunities of labour, and you will punish the children for the
crime of their father, and decree that the innocent should suffer with
the guilty. I shall not resume the same line of argument by which
my learned colleague has established, that this is the same crime for
which he has already suffered, and that by punishing him in this
instance you punish him twice for the same offence. The two accu-
sations form one crime or they do not ; if they form one, he should
not be punished, because he has been punished already : if they form
two, the first should not be adduced to aggravate the second, because
he has already suffered for the first. I shall not any longer detain
your lordships' attention ; I commit my client to the clemency of the
court, in the confident hope that you will feel it to be your constitu-
tional duty not merely to punish the incidental licentiousness, but also
DANIEL O'CONNELL, ESQ., M.P. 107
to preserve the exercise of a free press, that invaluable blessing to
which we are indebted for the rights which we enjoy — ^you for the
dignified stations which you fill, and your king for the throne on
which lie is placed."
About this time Mr. O'Connell received a handsome address
from the Catholics of Dingle and its vicinity, for a speech of
his at an aggregate meeting, held in Fishamble-street, Tuesday,
May 28, 1811, to petition against the measure of exchanging
the militias of the two kingdoms. The following is the speech
as reported, with confessed imperfections, in the Freemans
Journal of May 30, and a promise is there given of a better
report in a few days — which, however, never was given:
" Mr. O'Connell congratulated the meeting upon its unanimity,
and upon this circumstance, that Protestant gentlemen of so much
respectability had taken a part in their proceedings, from which he
inferred that the cause of the Catholics had become the cause of
Ireland ; and he observed, that if it were not for the miserable divi-
sions that had hitherto existed in Ireland, it would be an aggregate
meeting of the freeholders at large, that would be now assembled
to protest against the bill. Mr. O'Connell then proceeded to show,
from the original institution of the militia, that the bill was a most
unconstitutional measure, but that he had no idea of discussing it
further than as it concerned the Catholics themselves, though, from
the operation of balloting, it was a most important concern of every
man in the kingdom. He said if he were drawn for the militia, and
could not procure a substitute, or if a substitute was not allowed, he
would not volunteer, and would endeavour to persuade his comrades
to follow his example.
'* Every Catholic soldier must hesitate before he ventures to a
country where the rights of his religion may be denied him. It is
well known what the feelings of Mr. Perceval are towards the
Catholics ; witness his conduct towards Maynooth, an establishment
which he declares his regret, publicly, was ever formed — he whose
wish it is that the Catholic clergy should starve. Is it the duty of
the Irish clergy to persuade the Catholic soldier to volunteer to a
country where he is himself proscribed ? As it was found impossi-
ble, in this country, to separate the. clergy from their flock, this
bill is to tear away the flock from their clergy.
108 MEMOIR AND SPEECHES OF
" Mr. O'Connell then adverted to Lord Sidmouth's attack upon the
dissenters, which had baen defeated by the dissenters themselves,
whose constitutional fiminess and unanimous proceedings ought to be
a lesson for the Catholics of Ireland. They had nipt the attempt of
their enemies in the bud. They had shrunk appalled from their
measures. Lord Sidmouth was panic-struck when the House of
Lords was assailed by 500 petitions from the people ; he became
dumb, and intolerance was vanquished. This measure of Lord
Sidmouth was but part of a grand conspiracy against all religions
but their own. Mr. Pole's circular letter was another act of the
conspiracy. This biU formed another part of it, to take away our
native army from us, as the army of Romana had been sent out of
Spain by Bonaparte. In aid of this conspiracy Mr. O'Connell said
he would read a document from an Orange Lodge in Dublin, dated
the 24 th day of April last ; a hellish association, which Mr.
O'Connell stated was encouraged again to renew its atrocities,
although every respectable and enlightened Protestant in the country
beheld it with disgust and horror.
" Mr. O'Connell then adverted to the circular letter of Mr. Pole,
which it appeared had originated with the Lord Chancellor and the
Attorney General, upon both of whom Mr. O'Connell animadverted
with great severity, and then returned to the bill, which he observed
was not a transfer, but an annihilation of the Irish militia — to talk
henceforward was idle. The moment a militia soldier is enlisted
he is liable to service in all parts of the United Kingdom, and a
militia soldier is entitled to no privilege in England, as such, and
when there, he becomes like nothing, or like anything but a German
soldier.
"Ml-. O'Connell made use of several other arguments, and con-
tended that it concerned the Catholics ' to keep watch and ward '
over every act of Mr. Perceval."
The question was then put and carried unanimously.
It was then resolved that a committee of five gentlemen be
appointed to frame the petition, viz., Mr. Keogh, Dr. Drom-
goole, Mr. Lawless, Mr. M'Donnell, and Mr. Finlay ; and they
having retired, shortly returned with a copy of a petition to the
House of Commons, which being read, was unanimously
adopted ; as was another, to be presented to the regent, after
which the meeting adjourned.
The address to Mr. O'Connell, from Dingle, in testimony of
DANIEL O'CONNELL, ESQ., M.P. 109
their approbation of the sentiments he delivered on this occasion,
was adopted at a meeting described as of " the clergy, gentle-
men, magistrates, and freeholders of the town and vicinity of
Dingle, held in that town on the 15th day of June, 1811, in
pursuance of public requisition, Mathew Moriarty, Esq., in the
chair," and was as follows : —
" TO DANIEL O'CONNELL, ESQ.
«' Sir — "We, the gentlemen, clergy, magistrates, and freeholders of the town
and vicinity of Dingle, assembled pursuant to a public requisition, desire to
express to j-ou our sense of your unwearied exex-tions in advocating the cause of
our Catholic countrymen.
"We ate particularly anxious to convey to you our decided approbation of
the manliness, candour, and perspicuity with which you have, at the aggregate
meeting of the Catholics of Ireland, held in Dublin, on the 28th ultimo, deve-
loped the tendency of the intended transfer of our militia, and displayed the
machinations of those deluded men, who style themselves Orangemen and
Purplemen.
" We anticipate from your exertion of talent and constitutional firmness,
the most beneficial consequences ; as that exertion has, we trust, roused to the
consideration of these subjects, every individual who feels interested in the
welfare of the country, from the prince to the freeholder.
" Your object is the same as ours : to prevent internal feuds and animosities,
which have been hitherto so injurious to our unfortunate country ; and to pro-
mote that unanimity which can alone save and exalt those realms.
' ' We request of you to accept our most cordial thanks as a small tribute of
merit pre-eminently resplendent on every occasion.
" And be assured, that it has made an indelible impression on us, who repose
a pleasing confidence in your exertions ; disregarding and despising party feel-
ing, and looking only to the cause of our native country, equally dear to
U9 all.
*' Signed, by order,
" Edward Fitzgerald, Secretary.
"Dingle, 15th June, 1811."
Ml O'Connell's reply was in the following terras : —
*' Gen TLEMEK— Your address has surprised me almost as much as it has
pleased me. I cannot but owe it to your friendship, that you have noticed so
humble an individual. I am proud of your approbation.
" The principle on which I have been, and am the advocate of Catholic
Emancipation, is not confined to Ireland. It embraces the causes of the Dis-
senters in England, and of the Protestants in the Spanish and Portuguese
territories. I need extend it no further — the crime of intolerance is now
confined among Christian nations — almost exclusively to England and her
allies. Arbitrary as the military ruler of the French may be, and enemy as
he is of civil and religious liberty, he has had too much common sense to com-
mit the useless and absurd injustice of violating conscience.
" For my part, I hate the Inquisition as much as I do the Orange and Purple
system, and for the same reason. The man who attemps to interfere between
his fellow-man and his Deity is, to my mind, the most guilty of criminals.
"You call our country unfortunate — she is unfortunate through the
110 MEMOIR AND SPEECHES OF
dissension of her children — dissension has degraded her character, and
annihilated her constitution.
" In the name of religion, of charity, hate and rancour have been dissemi-
nated ; but a brighter era, I trust, approaches ; and now it is the sacred duty
of every man who is faithful to his king, and attached to the independence of
his native land, to contribute his best exertions to extinguish every cause of
animosity and pretence for disunion. — I have the honour to be, with great
respect, your deeply indebted and faithful servant,
"Daniel O'Connell.
" Merrion-square, June 17, 1811."
There have been many petty sneerers at Mr. O'Connell for
" inconsistency," when it has occurred to him to change his
line of policy in some particular, on finding himself partially
mistaken. It would puzzle these " small deer" to point out,
at what time, of his long political career, he has ever spoken, or
acted inconsistently with the convictions and sentiments of the
foregroino^ letter.
His speeches against the Union, beginning with that of 1800,
and constantly occurring throughout the long years since, up to
the present day, will supply another test. One of them
delivered some weeks before the date of the occurrence just
noted, is so brief, that we give it here, instead of throwing it into
the appendix. The occasion was a dinner given in May 7 th,
1811, by the Catholics, to several of their Protestant friends.
" Major Bryan proposed the health of Sir James Riddall
whose absence he regretted was from indisposition. To this toast
was added, at Counsellor O'Connell's suggestion,
«* The Repeal of the Union.
Counsellor O'Connell — " Gentlemen, when I proposed that a Re-
peal of the Union should be coupled with the name of that virtuous
patriot and friend to his country, Sir James RiddaU, I was fully im-
pressed that it is the only real Irish question ; and, allow me to say,
that every Catholic in this meeting must regret the absence of that
worthy Irishman, and the more so, as I understand it is occasioned
by severe illness. If in this assembly any Irishman hears me who has
mistaken the true interests of his country (as we all ai-e liable to err),
and approved of that fatal law, the act of Legislative Union, this is
a glorious opportunity for us to speak our sentiments, and, by depre-
cating so disastrous a measure, convince him that there is but one
DANIEL O'CONNELL, ESQ., M.P. Ill
opinion on the subject in Ireland. This, 1 believe, is the first time
Catholics and Protestants have publicly assembled at the festive
boai-d— alas ! the first time we have sought access to each other's
hearts. If such meetings shall frequently take place, and I trust in
God they will, it is impossible that your great and ancient nation —
your nation famed for every physical good which can make existence
valuable, and which has given birth to the best and bravest of the
human race — it is impossible, I say, that any minister can tyrannize
over you, or any foe effect your subjugation. If the spirit shall go
abroad which pervades this meeting, it is too much to expect that
your enfranchisement is at hand ; that your parliament must be
restored ! As it is the habit of men who foUow my trade to talk
much, you may, perhaps, fear that I trespass on your attention ; but
I shall be brief. A bigot — be he of what profession he may,
whether Catholic or Protestant ; of what rank soever, whether
monarch, peer, or peasant ; whether his brow is encircled with a
diadem, or his body enveloped with rags — is a bigot to me. Louis
XIV. disgracefully treated a brave and skilful warrior. Admiral
Duchene, because he was a Protestant ; and Louis XIV. was, there-
fore, an outrageous bigot. Our gracious pi-ince, who is the parent of
his Irish people, has given an earnest of what we may expect from
him, by refusing to comply with the corrupt requisition of a minister ;
he will unite us, and thereby have, instead of one regiment of his own
Irish, an entire nation."
In the same paper which contains the Dingle address to Mr.
O'Connell, {Freeman s Journal of Thursday, June 20, 1811,)
there is a brief report of an incident of great interest, which
occurred in the British House of Commons, on the 14th of
June, in a debate on a bill relative to a drawback on spirits.
The following is the Freeman's article, containing the report
of the incident in question : — ■
"repeal of the union.
" To the support of a measure, in which the well-being and politi-
cal existence of Ireland are so materially concerned, we consider the
Freeman's Journal as peculiarly, and in an especial manner, bound
A time will come when we shall speak more decided language on this
subject ; at present we revert to it with a degree of satisfaction,
which it would be difficult for us adequately to describe.
"In the debate upon the distilleries, Colonel Hutchinson— to
112 MEMOIR AND SPEECHES OF
whom, and to whose family we have so often had occasion, in the
name of the country, to address our thanks — has expressed himself
upon the baneful consequences of this unhappy measure, in such
unequivocal and glowing language, that we shall, in this place, quote
the entire part of the discussion in which the subject is mentioned.
It is true that the reader will find it substantively detailed in the
report we publish of the debate ; but the following is a more accu-
rate account, and has more Irish and characteristic feeling than any
which will be found in the London papers : —
" * Even now,' said Mr. Hutchinson, ' Great Britain will thankfully
receive, in her necessity, the raw material, the corn from Ireland,
while she would illiberally attempt to exclude spirit — the manufac-
ture from that raw material. A free trade, upon no duties, or equal
duties, was the principle of the Legislative Union. This principle
has been effected with a vengeance as against Ireland ; but when she
required the same principle to be acted upon as against Scotland, her
trade was interdicted, and the Union violated. Admitting, however,
that the Irish distiller did reap some advantages from the spirit trade
of Ireland with this country (England), was she, therefore, to be
deprived of the trade itself? If so, ivould they restore to this coun-
try all that she had lost by the degrading and ahotninahle measure
of the Union f
*' [Here the honourable gentleman was interrupted by loud cries of
* order, order,' ' chair, chair.']
" The Speaker (Abbott) — ' The honourable member will do well to
recollect that such is not the language which it becomes this house
to hear or him to use, in speaking of a grave and solemn act of par-
liament.' (Cries of ' hear, hear, hear.')
" Mr. Hutchinson — * Sir, I trust I am incapable of using language
unworthy of this place, or of myself. In saying what I have said, I
have obeyed the dictates of feelings of which I am not ashamed ; and
while I know them to be just, I know not why I am to suffer the
expression of them to be dictated to me.'
" [Here the cries of ' order, order,' ' chair, chair, chair,' became
louder and more general.]
" The Speaker — ' The honourable member will be pleased to see
the necessity of conforming to the usages of this house, in the
expression of his opinions.' (Hear, hear, hear.)
" Mr. Hutchinson — ' To conform to the usages of this house I am
in every way disposed (hear, heai',) but my first right as a member
of it is what I shall never willingly resign. (Order, order.) If pri-
DANIEL O'CONNELL, ESQ., M.P. 113
vilege of speech be not the right of every member of this house, I
know not what is. I have always thought it to be the right of every
member of this house, what he feels honestly to declare boldly. My
feelings with respect to that measure of Union have been strong and
uniform. When it was first proposed, I foresaw in it danger to this
country ; in the danger, the degradation and the ruin^ of my own ;
and, as a common friend to both, I resisted it by every means within
my power ; and am I now to be denied the melancholy privilege of
deploring the humiliating state to which that measure has reduced
my country, by making her a party in effecting her national extinc-
tion ? Am I to be denied the right of complaining that she has been
tricked out of her independence by promises which have been all
violated, and hopes which have been all blasted ? If, however, after
all this, it be the secret determination to rob her graduallj^ of the very
few advantages, and those, too, of partial operation, to which, under
even such an act, she may be entitled, why, then, let but gentlemen
avow this, and let the Union be dissolved.' (Hear, hear.)
" "We have not much reason to boast of many of the Irish mem-
bers ; but when we have such men as a Hutchinson — men who glory
in the name of poor and deserted Ireland, why should we despair of
ultimate triumph ? The material and the spirit exist ; time will pro-
duce, and at no distant period, the renovation and re-establishment of
our country."
The petition which had been drawn up for the meeting against
the exchange of militias between the two kingdoms, and which
had there been adopted, met with Mr. Grattan's disapprobation,
as containing language which, he stated, to render it unfit for
presentation to parliament. This opinion of his was announced
at a meeting of the Catholic Committee, on Monday, June 10.
After several gentlemen had expressed their sentiments, either
of concurrence or disagreement with Mr. Grattan, Mr. O'Con-
nell interposed in defence of the petition : —
" He said that he did not mean to trespass more than one moment
on the time of the meeting in giving his sentiments on this question ;
for however gentlemen might differ in opinion, either as to the form
or substance of the petition adopted by the last aggregate meeting,
yet he rejoiced to see that there was but one feeling evinced by the
committee, and that unanimous feeling was to do the Catholic body
justice. He concurred altogether in what had fallen from Mr. Keogh.
I
114 MEMOIR AND SPEECHES OF
The language contained in the petition, where applied to the present
administration, was strictly true ; but if it were so informal as not
to be presentable, in its present shape, he did agree, (though he might
be wrong,) that it were better to amend than to subject the Catholics
of Ireland to insult.
" It was the opinion of Mr, Grattan that the petition was not, in
its present form, presentable to the House of Commons, and to such
an authority the highest respect was due. Of that illustrious states-
man he would never speak without being animated with enthusiasm.
No man ever distinguished himself in the senate house as Mr.
Grattan had done on the last Catholic debate, during his spirited
and manly reply to the arguments of that intolerant bigot Perceval.
I have been informed that that little contemptible creature assumed
more the appearance of a convicted criminal, receiving the just sen-
tence of the law, than of a man placed at the head of the government
of England. The committee should not have met, even once, without
adopting a resolution of thanks to Mr. Grattan ; and he trusted they
would not separate to-day until they had expressed the gratitude of
the Catholics of Ireland, for his great and unrivalled exertions
in advocating their cause. He observed, that with regard to new
modelling the petition, the opinion of Mr. Grattan was entitled to
the greatest respect. But his objections were applicable to the
House of Commons only, after the bill having passed that house, and
not the House of Lords. He denied that the members composing
the delegation had any power to alter or amend the petition of an
aggregate meeting. If the committee were to consent to innovations
of this kind, the consequences would be fatal to the Catholic interest,
for, in doing so, they would convert the delegates into a species of
ambassadors, and invest them with a power quite foreign and distinct
from the nature of their appointment. If it should be found that
there is something informal in this petition, let us revise it, either by
calling an aggregate meeting for that purpose, or let us adjourn until
next Saturday, by which time we shall have fuller information on
the subject. For himself, he had no hesitation in saying, that he
approved of the petition in its form. He denied the argument of a
gentleman opposite, who asserted that it was a libel on the Pro-
testants of England and Ireland ; to them it had not the slightest
nor the most remote application ; it was solely applicable to the
bigoted proselyting system encouraged and acted upon by the
present administration. He begged leave to recommend an adjourn-
ment for a few days, and if, after that period, it should become
DANIEL O'CONNELL, ESQ., M.P. 115
necessary to take steps in order to revise the petition, let the com-
mittee take the necessary measures, distinctly and manfully, by
calling an aggregate meeting.
" He would conclude by moving the question of adjournment until
Wednesday.
" The motion was carried after a few remarks from some other
gentlemen present, and the committee adjourned."
It was subsequently not thought necessary to alter the petition,
had even time allowed, which, however, was not the case, as
the Catholic claims were speedily after brought under discussion
in parliament.
Cheered by their success in the first collision with the govern-
ment this year, the Catholics determined to vindicate the right
to petition, by a repetition, on a larger scale, of the movement
which had occasioned that collision ; accordingly at an aggregate
meeting, in Fishamble-street Theatre, on Tuesday, the 9th of
July, the Earl of Fingal in the chair, the following resolutions
(drawn up by Mr. John Byrne, in the absence of Mr. O'Connell,
who happened at the time to be actually engaged in a pending
cause of considerable importance to the parties) were unani-
mously adopted : —
"That being impressed with an unalterable conviction of it8 being the
undoubted right of every man to worship his Creator according to the
genuine dictates of his own conscience, we deem it our duty, publicly and
solemnly, to declare our decided opinion and principle, that no government
can, with justice, inflict any pains, penalty, or privation upon any man for
professing that form of Christian faith which he, in his conscience, believes.
" That we shall, therefore, persevere in petitioning the legislature for
a total and unqualified repeal of the penal laws, which aggrieve and degrade
the Catholics of Ireland.
' ' That in exercising this undoubted right by petitioning, we shall continue
to adhere to the ancient principles of the constitution, and to conform also to
the peculiar restrictions which, by modern statutes, are imposed on the people
of Ireland.
" That a committee of Catholics be, therefore, appointed, and requested
to cause proper petitions to be forthwith framed for the repeal of the penal laws,
and to procure signatures thereto in all parts of Ireland, and to take measures
for bringing such petitions under the serious consideration of the legislature,
within the first month of the ensuing session of parliament.
" That the said committee do consist of the Catholic peers and their eldest
sons, the Catholic baronets, the prelates of the Catholic Church in Ireland,
and also ten persons to be appointed by the Catholics in each coimty in
Ireland; the survivors of the delegates in 1793 to constitute an integral part
116 MEMOIR AND SPEECHES OF
of that number ; and also of five persons to be appointed by the Catholic inha-
bitants of each parish La Dublin.
" That the appointment of the said persons be made forthwith.
" That it be recommended to such committee to resort to all local and
constitutional means of maintaining a cordial communication of sentiment and
co-operation of conduct amongst the Catholics of Ireland, and generally of
promoting the favourable reception of their petition.
" That imtil the new committee be appointed, the management of Catholic
affairs shall be confided to the Catholic peers, baronets, and survivors of the
delegates of 1793.
" That the sum of £oOO be offered to our invalviable secretary, Mr. Hay,
as a small tribute of CathoUc gratitude.
' ' That the sum of £oOO be collected and presented to "William Todd Jones,
Esq., for his eminent services to the Catholics of Ireland.
" That a subscription be set on foot for the relief of Mr. Finnerty, now lying
in Lincoln gaol.
" That the thanks of the Catholics of Ireland are due, and are hereby given,
to the Earl of Donoughmore and the Right Honourable Henry Grattan.
' ' That the thanks of the Catholics of Ireland are due, and are hereby given,
to the Bishop of Norwich, the Marquis of Lansdowne, the Marquis of Dowa-
shire, the Earl of Moira, Lord HoUand, and the other noble lords who supported
our cause in the House of Peers.
" That the thanks of the CathoUcs are due. and are hereby given, to ilr.
TVTiitehead, Mr. George Ponsonby, Sir John Newport, Mr. Hutchinson, Mr.
W. Smith, General Mathew. Mr". Pamell, Mr. Tighe, Mr. Prittie, and the
other gentlemen who supported our petition in the Hotise of Commons.
" That the thanks of the Catholics of Ireland be given to JohnFinley, Esq.,
for his splendid exertions in the cause of religious liberty.
"Flsgal, Chairman.
" Captain Bryan in the chair.
"Resolved — That the cordial thanks of this meeting are hereby given to the
Earl of Fingal, for his poUte and dignified conduct in the chair.
"Edward Hay, Secretary."
Mr. O'Connell, who arrived but a very short time before the
meeting closed, spoke on the occasion as follows: —
" He said he had one word to say, and only one word. Labour-
ing under the eifects of indisposition, he was ill able to speak at
length, as well on the propriety of adopting the resolutions proposed,
as on the necessity of the meeting preserving unanimity. In
the propriety of the resolutions he concurred, but particulariy
in that one which gives to the people the free, unbiassed, and
constitutional right of re-electing a committee. But it was his duty
to point the attention of the aggregate meeting to a particular
statute — the statute which gave rise to the never-to-be-forgotten
circular letter of W. "W. Pole. It was scarcely necessary to say that
DANIEL O'CONNELL, ESQ., M.P. 117
though this circular letter met with successful opposition from a
virtuous and incorruptible portion of the Catholic body, yet the
Convention Act, which gave birth to it, still exists. He was a
barrister — he would not venture to say he was a lawyer ; but being
a barrister, he thought it right to apprize his countrymen of what he
conceived to be the true construction of the statute. He was clearly
of opinion, in opposition to the sentiments of our law officers of the
crown, and to their joint production, well termed by the Chancellor
of England, the slovenly letter of "W. TV. Pole, that there was no
provision in that act which went the length of preventing any class
of his Majesty's subjects from meeting for the sole purpose of pre-
paring a legitimate petition to parliament. However, it is owing to
this statute that the Catholics of Ireland did incur any risk in adopt-
ing the present resolution ; and were it not for the apprehension of
packed juries and perjured verdicts, the Catholics had nothing to
fear. He was persuaded, if the integrity of the juries and judges
could be relied on, and he felt a pride in saying that the most, if not
all of our judges were pure and virtuous, the Catholics, in adopting
the resolution, run no risk of transgressing the statute. The law was
on the side of the people ; and should the law officers of the crown,
who, in the course of to-morrow, will review with jaundiced eyes
our proceedings — who may hear of his sentiments and of the resolu-
tions, before he had done speaking — should they have the temerity
again to call our committee an illegal assembly, and to advise prose'
eutions, at the suit of the king, against his faithful Catholic subjects,
there is but one remedy, and that is, to dutifully submit. And again,
should there be no change in his Majesty's health, to address the
Prince Regent. It shall never be said of the Catholics of Ireland,
that they entered into any temporizing measure,*or mean compromise,
with those vested with 'brief authority' on this side the water —
those underlings of Perceval, ' who call us slaves, and tell us 'tis our
charter' — but carry our grievances to the foot of the throne. He
thought the adoption of the resolution was a justifiable experiment.
He considered it a legal experiment, and he cheerfully oftered him-
self as the first victim of prosecution. If any one parish in the city
of Dublin would do him the honour of electing him to represent them
in the Common Council, he was ready to give in bail, and let the
legal question, arising on the construction of the statute, be thus
settled. He did not think it necessary, nor was he able to say more
on this subject. He then paid a handsome compliment to the talents
of the Protestant barrister, Mr. Finlay, for the very eloquent speech
118 MEMOIR AND SPEECHES OF
he had delivered. He said, in hearing his highly-esteemed friend,
he had felt a sensation of delight which before he had seldom expe-
rienced. He entirely concurred with his learned friend, in eulogizing
the liberality of sentiment of the several Protestant divines alluded
to ; and, in addition to those particularly mentioned, the name of the
Bishop of Norwich, and Rev. Knox. But he hoped there
were many instances of a cori-esponding liberality of sentiment to be
found among the clergy and laity professing the Catholic religion.
Of the latter he begged leave to state an historical fact, recorded in
Marshal's History of Washington. The different States of America
were inhabited by persons professing different religions ; New
England, by Puritans ; Pennsylvania, by Quakers, &c., &c. ; there
being but one province, Maryland, inhabited by Catholics. The
historical fact is this — that religious persecution, intolerance, and
exclusion on account of religion, were adopted as the law of the land
in all the States, with the sole exception of that province which the
Catholics inhabited ; and to their immortal honour, they subdued
their prejudices, and established general benevolence and unlimited
toleration. He begged pardon for having so long trespassed — it was
not his intention to have said more than one word."
Against several of the gentlemen who attended this meeting,
the government commenced active proceedings: viz., against
Messrs. Edward TaafFe, Thomas Kirwan, Edward Sheridan,
John Joseph Burke, John Breen, and Scurlog. They
were arrested in August, under the warrant of Chief Justice
Downes, against whom separate actions were brought, for the
arrest. On Wednesday, the 20th November, the writs in these
actions — three to be tried in the Exchequer, and the others
in the Common Pleas — were served upon him just as he was
stepping into his carriage to go to the Four Courts.
On the following Thursday, the first of the trials of those
gentlemen came on. Dr. Sheridan was first arraigned; and,
after a trial of two days, a verdict of " Not Guilty" gave the
Catholics a second triumph over the paltry government of the
day.
The government determined to try another fall with its
successful opponents. Before, however, stating the circum-
stances, a great demonstration of Catholic gratitude to their
friends is to be recorded. It was a great dinner given by them
DANIEL O CONNELL, ESQ., M.P.
119
to "the Friends of Religious Liberty," and intended as a
special compliment to their Protestant friends in parliament
and other high places. The following were among the guests
who attended : —
Hon. James Butler,
Hon. C. H. Hutchinson,
Hon. a. Hutchinson,
Sir Marcus Somerville,
Sir Neal O'Donnell,
Sir Samuel Bradstreet,
Sir John Meredith,
R. Latouche, M.P.,
John Latouche, M.P.,
H. Parnell, M.P., (late Lord
Congleton,)
Colonel Talbot, M.P., (now
Lord Talbot, de Malahide,)
Knight of Kerry, M.P.,
Henry Grattan,
John Philpot Curran, Master
of the Rolls,
Marquis of Downshire,
Earl of Meath,
Earl of Granard,
Lord Cloncurry,
Lord Rossmore,
Lord Dunsaney,
Lord Lismore,
Lord Arthur Hill,
Lord Forbes,
General Mahon,
General Cockburn,
Hon. Major Stanhope,
Hon. Mr. Stanhope,
(Sons of Lord Harrington,)
The dinner was of the most costly description, and the pro-
ceedings at it full of cheering hope for the country. During
the progress of the long list of toasts, some most animated
sentiments of patriotism were delivered by the distinguished
guests, and loudly cheered ; but no one awoke such a thunder-
peal of applause as did Lord Cloncurry, when, in returning
thanks for his health, he, after exhorting the Catholics to perse-
vere in looking for emancipation, added — " Perseverance, too,
will accomplish a Repeal of that infamous measure, the
Union! (unbounded applause.)"
Mr. O'Connell's speech was as follows: —
" My lord, I beg leave to join in that tribute of thanks so properly
offered by my honourable friend to my Lord Lismore. In our
humble exertions to contribute to the comfort and happiness of this
meeting, we have but discharged a debt due to such illustrious guests,
for favours already conferred ; and I am sure the Catholics of Ire-
land can never be ungrateful to their benefactors. Who are they
that have already broken many a link of our galling chain ? — the
Protestants of Ireland ! And it is to them we confidently look for
the dissolution of the remaining links. The noble lords who have
120 MEMOIR AND SPEECHES OF
assembled here this day, will, by such an example, assuredly put an
end to those unfortunate feuds which have so long disgraced our
country. They have imposed an additional debt of obligation on us.
They have shown their determination to save our common country,
to preserve the throne of the most revered monarch on earth, and the
best constitution in the world. They are willing to arm the finest
and bravest peasantry in existence, in defence of the empire. When
I look around me, and see the reverend ministers of the gospel, and
our gallant generals flanking them, I cannot but exclaim, that the
empire is already saved ! You have, my Protestant brothers, an
interest in the hearts, and a control over the hands of one million
of men, as brave and hardy a race as ever the world saw ; let the
enemy come when he may, your liberality wiU recruit a mass of
unbought millions. I have the honour of bearing my very humble
testimony to the worth of our noble chairman, who has been ever
upright and consistent. The life, and blood, and spirit of eveiy
Catholic in Ireland is with him. Having briefly given my genuine
sentiments, I wish that the recollection of this day should never be
erased from your memories. Nor should the remembrance of our
friends present be ever lost. The day, the persons, and the occasion
of meeting should be immortalized. I beg pardon, gentlemen, for
trespassing on you — and shall only now observe, that the principle of
religious liberty having been so often, and so ably defined, it is unneces-
sary for me to say one word on the subject. I would scorn emanci-
pation if it were to injure the poorest of my Protestant countrymen.
Let any man prove to me that Catholic emancipation can be detri-
mental to the meanest member of the Established Church, and I will
cheerfully consent to forego it. The principle which has given aid
to Spain and Portugal ought to be extended to serve Ireland. That
spirit which God has given the human mind cannot be extinguished
by human efforts ; and for man to interfere with it, is a flagrant act
of impiety."
The next step of the government will speak for itself. The
following is the account in the Freeman; from its great interest
we extract it entire : —
" "We have this day a most painful and disheartening duty to per-
form. We did hope, after the acquittal of Dr. Sheridan, after the
constitutional and moderate conduct of the Catholics, we did hope that
the administration would have imitated that forbearance — that they
DANIEL O'CONNELL, ESQ., M.P. 121
would have suffered the Catholics of Ireland quietly to petition for a
redress of grievances. This the administration have not thought
proper to do. Theke will be no petition to parliament.
But we feel no disposition at present to animadvert upon the conduct
of the Irish cabinet. We shall content ourselves, at present, by giving
a naked and correct narrative of this day's transactions — a day which
will be long remembered in the annals of Ireland.
" A few minutes before twelve o'clock, yesterday. Counsellor Hare,
a police magistrate, entered the theatre, Fishamble-street, where the
Catholic committee were assembled, and took his station beside the
chair, which was prepared for the reception of Lord Fingal.
" At two minutes after twelve his lordship arrived ; and, upon
the motion of Counsellor Hussey, seconded by Counsellor O'Connell,
he was called to the chair.
" Mr. Hare was about to address Lord Fingal, when Lord Netter-
ville stood up, and moved that the Catholic petition be now read,
which was seconded by Counsellor O' Gorman.
" Mr. Hare now addressed himself to Lord Fingal, evidently with
a determination to prevent the reading of the petition, and persevered
until he had accomplished this object.
" Mr. Hare — My Lord Fingal, I beg to state what my object is
in coming to this meeting. As chairman of this meeting, I have to
inform you, that I come here, as a magistrate of the city of Dublin,
by directions of the Lord Lieutenant (his excellency having been
informed that this is a meeting of the Catholic committee — composed
of the peers, prelates, country gentlemen, and the persons chosen in
the different parishes of Dublin). I beg to ask you, as chairman of
this meeting, if that be the case, and what is your object ?
" Lord Fingal. — Sir, we have met here for a legal and constitu-
tional purpose.
" Mr. Hare. — Allow me to observe, that that is not an answer to
my question ; — perhaps you did not distinctly hear me. I ask, is it
a meeting of the Catholic committee, composed of the peers, prelates,
country gentlemen, and others in the city of Dublin ?
" Lord Fingal — ^I certainly do not feel myself bound to give you
any other answer. We are met for the sole legal and constitutional
purpose of petitioning.
Mr. Hare. — My lord, I ask you, as chairman of this meeting, in
what capacity are you met ?
"Lord Fingal — We are met for the purpose of petitionino-
parliament.
122 MEMOIR AND SPEECHES OF
" Mr. Hare My lord, that is not an answer to my question. I
speak deliberately and distinctly, in order that every person may
hear and understand me. (Here some little confusion occurred,
owing to several persons speaking together.) Mr. Hare. — I hope I
have leave to speak (hear, hear the magistrate, from several persons).
I beg leave to ask your lordship again, is it a meeting of the Catholic
committee, constituted by the Catholic peers, prelates, country
gentlemen, and the persons appointed in the different parishes of
Dublin ?
" Lord Fingal. — I am not aware that I can give you any other
answer than that which I have already given.
" Mr. Hare Then, my lord, your answer is, that you are a
meeting of Catholics, assembled for a legal and constitutional
purpose.
" From several voices — No, no ; there was no answer given in
such terms.
*' Counsellor O'Connell. — It is a most unusual thing for any magis-
trate to come into a public meeting to catechise, ask questions, and
put his own construction upon the answers.
"Mr. Hare. — My lord, am I to understand that you decline
answering me fully, what meeting you are, and the purpose of your
meeting ?
" Lord Fingal. — We are met for a legal and constitutional
purpose.
" Mr. Hare. — I wish to be distinctly understood : I have addressed
your lordship explicitly two or three times. Am I to understand
that you will give no other answer to my question ? Do you give
no other answer ? (Here some confusion arose, in consequence of
several persons speaking together — some crying out to have the
petition read — others calling on Mr. Hay — and others requiring
silence, for the purpose of hearing Counsellor Hare.)
"Mr. Hare. — My Lord Fingal, I addressed myself to you so
distinctly, that T thought my question could not be mistaken. I
consider your declining to give me a direct answer, as an admission
that this is the committee of the Catholics of Ireland.
" Counsellor O'Connell. — I beg leave to say, that as what passes
here may be given in evidence, the magistrate has received a distinct
answer to his question ; and it is not for him to distort any answer
he has received into a meaning of his own — he is to take words in
their literal signification.
" Mr. Hare My lord, I consider your refusing to give any other
DANIEL O'CONNELL, ESQ., M.P. 123
answer as an admission of the fact of this being the Catholic
committee.
" Counsellor O'Connell — Sir, if you please to tell gentlemen such
is your belief, it is of no consequence to us : we are not to be bound
by your opinion.
" Mr. Hare. — This is an admission of the fact, that this is the
Catholic committee ; and I consider your lordship's refusal —
" (Here the meeting was interrupted by the confusion incidental
to a number of persons speaking together.)
"Mr. Hare — Does your lordship deny that this is the Catholic
committee ?
" Counsellor Finn — No, no : my Lord Fingal has not given you
either admission or denial.
" Counsellor O'Connell. — We do not want the gentleman's assis-
tance to make out meanings for us. Let him not imagine that the
character of this meeting can be aifected, or that he can bind this
meeting by any assertion he thinks proper to make.
" Mr. Hare. — Then I repeat that your lordship's refusal to give
me a direct answer, is an admission that this meeting is the Catholic
committee, and, as such, it is an unlawful assembly.
" Counsellor O'Connell Mr. Hare is now speaking in his magis-
terial capacity, therefore, whatever he says give it attention.
" Mr. Hare — My lord, I say that this is an unlawful assembly,
and, as such, I require it to disperse. I beg leave to say, that it is
my wish to discharge my duty in as mild a manner as possible. I
hope that no resistance will be offered, and that I need not have
recourse to those means with which I am entrusted for the purpose
of causing the meeting to disperse.
'' Lord Fingal. — It is not our intention to do anything improper,
or to act in resistance to the laws of the land ; but it is my determi-
nation not to leave the chair until I am obliged by some person to do
so, in order that I may bring my legal action against the person who
shall remove me.
" Mr. Hare — My lord, I shall remove you out of the chair ; and,
in doing so, it will be an actual ari-est.
" Here, as might be naturally expected, some confusion arose, in
consequence of a noise in the gallery, which, we are infoi*med, was
occasioned by police constables.
" Mr. Hare. — My lord, if you'll have the goodness to leave the
chair, that is a legal arrest.
" He then took Lord Fingal by the arm and gently pushed him
from the chair.
124 MEMOIR AND SPEECHES OF
" On the motion of Counsellor O'Gorman, seconded by Dr. Luby,
Lord Netterville was immediately called to the chair, from which he
was removed by Counsellor Hare, in the same way that he had put
Lord Fingal out of it.
" There was then an universal cry for Lord Ffrench to take the
chair. His lordship, who was in a bad state of health, either had not
arrived, or was not within hearing of those who called him to the
chair.
" The Hon. Mr. Barnwall was then called to the chair ; but
before he had taken it, Lord Ffrench had arrived, and was proceed-
ing to his post, when, at the recommendation of Sir Edward Bellew,
and at half-past twelve o'clock, the meeting dispersed.
" After the Catholic meeting had been dispersed in Fishamble-
street, a number of gentlemen repaired to Mr. D'Arcy's, the Crown
and Anchor Tavern, Earl-street, for the purpose of signing a requi-
sition to call an aggregate meeting of the Catholics of Ireland.
While the requisition was preparing, Counsellor Hare, accompanied
by Alderman Darley, went into the room where they were assembled,
and asked whether that meeting was a meeting of individual gentle-
men. Being answered in the affirmative, and being about to make a
speech, Lord Ffrench told him they did not want to hear any of his
speeches, nor would they listen to them ; if he came there for the
purpose of acting, that he must proceed without delay.
" Mr. Hare said that he merely wished to say, "that as they had
acknowledged themselves to be a meeting of individual gentlemen, he
would not molest them."
" A Catholic requisition, for an aggregate meeting, to be held on
Thursday next, at the Theatre, Fishamble-street, has been drawn up
and signed by upwards of three hundred persons.
" We have just learned that Lord Fingal interrogated the police
magistrates, after the dispersion of the committee, if he was to pro-
cure bail to their arrest, and that they deny having arrested him !"
" We should not have said more on this subject, but for the scan-
dalous misrepresentations which appeared last night in a print,
avowedly imder the orders, and in the pay of government. The
DANIEL O'CONNBLL, ESQ., M.P. 125
whole detail in that print is evidently morbid : we shall not animad-
vert upon the minute Jihs told in the course of this report, or upon
the gross partiality it manifests. Want of candour and want of truth
are the characteristics of the advocates of the Irish cabinet : but
when an abandoned falsehood is advanced in this demi-official organ,
we feel it our duty instantly to repel the slander. The Patriot
asserts, that Lord Fingal acknowledged himself as submitting to the
law, implying, of course, that the magistrate was legally justified in
acting as he was commanded. Lord Fingal neither said nor meant
any such thing — submitting to the arrest, to force — nor did he leave
the chair, until compelled to do so — but what demonstrates more than
words the spirit with which Lord Fingal, as well as that other
excellent nobleman. Lord Netterville, acted, is the fact, that both
mean to ' bring their actions against Mr. Hare for a false arrest.'
" We do not wish to hurt our feelings upon this subject any further
this day."
" At a meeting of Catholics, held at the Crown and Anchor, in
Earl-street, on Monday, the 23d December, 1811, George Bryan,
Esq., in the chair,
"Resolved — ' That a meeting of the Catholics of Ireland be called for Thurs-
day, the 26th instant, and that we do now proceed to aflix our signatures to a
requisition for the purpose.'
"Resolved — 'That our cordial thanks are justly due, and hereby returned,
to our Protestant brethren who have this day attended our meetings ; but
particularly so to the Viscount Lismore, Hamilton Rowan, John Pratt Winter,
and Edward Ruthven, Esqrs.'
" Resolved — ' That a committee of twenty-one be appointed to arrange the
business to be submitted on Thursday next to the aggregate meeting, of wliich
Lord Fingal is to be the chairman.'
"George Bryan, Chairman.
" Edward Hay, Secretary.
" The Hon. Thomas Barnwell in the chair.
" Resolved — ' That the thanks of this meeting are hereby returned to George
Bryan, Esq., for his manly and spirited behaviour in the chair.'
' ' Resolved — ' That the thanks of the Catholic body on all occasions are due
to the Earl of Fingal ; and more especially for his firm, dignified, and manly
conduct this day,'
"Resolved — 'That the Viscount Netterville is, by his spirited attendance
this day, justly entitled to our thanks.'
" Resolved — ' That the thanks of tliis meeting be returned to Lord Ffrench,
for his spirited and dignified resistance to inquisitorial proceedings.'
" Thomas Barn wall, Chairman.
" Edward Hay, Secretary.
126
MEMOIR AND SPEECHES OF
" We, the undersigned, request a meeting of the Catholics of Ireland at ten
o'clock on Thursday, the 26th of December, 1811, at the Theatre in Fishamble-
street, to take into consideration the propriety of presenting an humble and
dutiful address or petition to his Royal Highness the Prince Regent, on the
present situation of Catholic affairs : —
Fingal,
Netterville,
Ffrench,
Thomas Barnwall, Trimblestown,
Charles Ffrench, Castle-Ffrench,
Edward Bellew, Bart., Baroneath,
Hugh O'Reilly, Bart., county Westmeath,
George Bryan, Jenkinstown,
Owen O'Connor, Belagar,
Wm. G. Bagot, Castle-Bagot,
James Nangle, Kildalkey,
John Lalor, Cranagh,
Daniel O'Connell,
Edward James Beytagh,
P. B. Hussey, Gloucester-street,
Michael Arthur, Limerick,
Ambrose Cox, Clara House,
Peter Ryan, Danganmore,
Edward Cox, Clara House,
J. Cusack, R. Castle,
Robert Fyan, Dublin,
Denis Cassin, Gore's-bridge,
James Cox, Dublin,
James Lalor, Mount Brilliant,
Thomas E. Lalor, Cregg,
Thomas Dromgole, M.D., Dublin,
William F. Finn, Carlow,
Thomas O'Beirne, Leitrim,
P. O. Plunkett, King's County,
Francis Hughes, Dublin,
David Lynch, Dublin,
Danel Flattery, King's County,
J. D. Doyle, Dublin,
Mathew O'Reilly, Thomastown,
John Luby, M.D., Dublin,
Christopher Taaffe, Rookwood,
J. Burke, M.D., Dublin,
Philip Rorke, county Westmeath,
C. R. Christian, Rathfriland,
James Byrne, Kilkenny,
Christopher Kelly, Dublin,
Bernard Coyle, Dublin,
D. W. O'Reilly, Kildangan Castle,
George Harkan, Crite, county Roscommon,
John Browne, Dublin,
Nicholas P. O'Gorman, Harcourt-place,
C. MacLoughlin, Usher's island
James M'Guckin, Antrim,
William Havron, do.,
James Bowden, county Down,
Andrew Jennings, do.,
John O'Hagan, county Down,
Luke Harkan Raheen,
Bernard Plunkett, Elphin,
William Kelly, Strokestown,
Matthew Russell,
Christopher Taylor, Swords,
John Hagan,
Joseph Ferrall, Longford,
Daniel Ferrall, Beech-wood,
Pat. Macmanus, Dublin,
Richard Power, county Waterford,
John Mansfield, county Waterford,
Pat. Dowell, county Cavan,
Francis Magan, Dublin,
James Taaffe, Dublin,
Sylvester Costigan, Thomas-street,
Laurence Byrne, Wicklow,
John Lawless, Fermanagh,
Richard O'Gorman, Dublin,
George Lynch, county Cavan,
Ambrose Moore, Dublin,
John Rooney, Dublin,
John Shiel, Westmeath,
P. J. Maguire, county Armagh,
Anthony Dwyer, county Tipperary,
James "Tegart, Tanderagee,
John Dunne, Ballinakill,
Daniel Ryan, Inch House,
P. Smith, Snugboro',
P. O'Brien Butler, Dunboyne Castle,
M. O'F. Caddell, Harbourtown,
Joseph Cruise, Longford,
Daniel O'Reilly, county Monaghan,
James M'Kenna, Monaghan,
Christopher O'Reilly. Anaville,
John Rorke, Finnistown,
Thomas Fitz-Gerald, county Kildare,
Joseph Barnwall, county Meath,
J. Everard, county Sligo,
Martin Madden, county Sligo,
John Plunkett, Usher's-quay,
A. R. Martin, Henry-street,
T. F. Madelen, Galway,
Philip Langan, Dublin,
John Barrett,
J. K. Maddin, Dublin,
P. Burke. Leinster Hotel,
John Fallon,
Edward French, French-park,
John Rowley, jun., Limerick,
Michael O'Loughlan, Dublin,
George Keogh, Dublin,
Michael M'Carthy, Cork,
Patrick Finn, Carlow,
J. Markey, Louth,
Ambrose Markey, do.,
Edward O'Halloran, Dublin,
Peter Flatter, do.,
John Browne, do.,
Mark Devlin, county Down,
Arthur Fegan, county Down,
John Keating, Dublin,
John Cormick, do.,
Lewis Lyons, do.,
M. J. Kelly, Duke-street,
Joseph Farrell,
William Jones, Rossbreever,
Michael Mahon, Dublin,
Edward Smith, Callan,
Thomas Naghton, Rastello,
James Meyler, county Wexford,
W. Keerney, Dublin,
John Burke, Waterford,
Charles Mac Caraley, Newry,
John Andoe, Dublin,
Richard O'Brien, Dublin,
John Glynn, do.,
Rowland Savage, county Down."
At the meeting thus determined upon, and which took place
on Thursday, December 26, at the Fishamble-street Theatre —
Lord Fingal in the chair — the Catholics re-appointed their
DANIEL O'CONNELL, ESQ., M.P. 127
general committee. Several Protestants attended; and the
proceedings were of the most interesting and decided character.
At this meeting, Mr. O'Connell delivered the following speech :
" He said he was conscious that he was inadequate to do justice to
the occasion on which the present assembly had been called together,
and to the circumstances which had taken place when they were
before met. Whatever warmth, and he thanked them for their
warmth, had appeared in the sentiments of the Protestants who had
honoured their Catholic brethren with their presence, he trusted that
nothing but the calmest moderation would be witnessed in the
Catholics themselves, such as had been given them in example by
their noble chairman, when insulted by the improper intei'ference of
the magistrate. He was grateful to the Protestant gentlemen for
their presence and assistance ; and he could not help thinking, that
though they were at present the favoured party, the cause equally
concerned the whole ; the liberty of the Protestants could not be
secure, if that of the Catholics were invaded or limited. He trusted
that the proceedings of all would be cool and firm ; tempered with
prudence, yet conducted with the most undeviating resolution. The
circumstances which had taken place on the 23rd, were of the most
afflicting nature to the whole Catholic body. He rejoiced, however,
in the manner in which they had been conducted on the part of the
meeting and its chairman. Everything had been in obedience, even
to the colour of law ; the proceedings of the magistracy had carried
the law beyond its legal boundary. Every magistrate, upon learning
that there was an assemblage of people collected together, certainly
had a right to ask whether that meeting was assembled for a legal
purpose, or the contrary ; but he had no authority to catechise them
further ; h«^ must act upon the answer he receives. It was, there-
fore, a matter of the greatest satisfaction that Lord Fingal, by his
firm and prudent conduct, in replying to the interrogatory of Mr.
Hare, had afforded no precedent upon which such a practice might
afterwards be continued. Every assembly had the example of his
lordship now before them, and such a precedent, he trusted, would,
in its consequences, be a protection against the vexatious interroga-
tories of ignorance and presumption — of those who might be placed
in the office of magistrates. With regard to what had been said by
one gentleman a little before (Mr. M'Nally), he could not assent.
The action of Mr. Hare was merely his own, as a magistrate, and
the Lord Lieutenant had no concern in being responsible for it ; and
128 MEMOIR AND SPEECHES OF
he (Mr. O'Connell) would not allow in that assembly anything to be
laid to the charge of the Duke of Richmond, for which his Grace
was not in every respect accountable. It had been most openly insi-
nuated, that the conduct of the Catholics, in changing the nature of
their meeting from a committee to an aggregate meeting, was a plain
shrinking from the ground on which they had before stood — a confes-
sion, it was assumed, that their former manner of proceeding was to
their own knowledge illegal. But it was not the Catholics that had
shrunk from their ground, nor from trying the question ; it was the
Irish government that had shrunk from it. For what was the real
question ? It was not, was the constituting of an assembly to repre-
sent the people an illegal proceeding ? for this had never been the
design nor the wish of the Catholics ; their committee had no preten-
sions whatever to represent the people nor any part of them ; it was
constituted merely to prepare and present a petition for a redress of
grievances — solely to transact a particular business entrusted to its
care. The Catholics would never think of creating a committee of
representatives, who should legislate for them, and by whose actions
they were to be bound, even were that strictly legal : for how could
they rest assured that such a committee would not swerve from its
integrity, and betray the trust reposed in it? in which case, the whole
of the Catholic body, bound by its own act to these men, would
necessarily follow the fate which they had allotted it. The right of
representation was not at all contended for : the right of petition
was that for which the Catholics had always insisted ; and they did
not now shrink from a trial of its legality. But it was the crown
lawyers who had shrunk from it. He well knew that much labour
had been bestowed in order to frame an indictment, which should
seem to try the question, but which, in reality, should not try it.
They imagined, if it was in any shape allowed to go to a jury, there
was no doubt of their success. But he thanked God that now
there was an opportunity of bringing them to the point : the late
proceedings of the government should immediately be brought for-
ward, as the subject of action, in the Court of Exchequer; to-
morrow's sun should not set before it should appear upon record. It
should be brought in two shapes — one an action for false imprison-
ment, the other a special action upon the case ; in the last of which
the Earl of Fingal and Lord Netterville should be declared to have
been arrested at the head of a committee, met for the purpose of pre-
paring and presenting a petition to parliament, and is one of the
resolutions of which there was an express averment, that those who
DANIEL O'CONNELL, ESQ., M.P. 129
constituted it were no representatives. He was satisfied that here
no mode could be aftbrded of escaping from the true point to be
argued. Mr. O'Connell then proceeded to some remarks upon the
manner in which the late trial had been conducted ; and expressed
his dissatisfaction with some part of it. He afterwards went on to
say that only to persevere was requisite — a firm and temperate reso-
lution was alone necessary to make the cause ultimately successful.
The nation had long felt the justness of the Prince Regent's thoughts
on the subject of Emancipation. He had expressed a decided attach-
ment to their cause, as long as it was proper for him to give expres-
sion to the sentiment of his own heart, when they were different from
those of his father's ministers : no reason had been since afforded to
give cause for supposing he had altered his opinion, the only occasion
on which he had officially given his own sentiments ; they had been
decidedly hostile to Mr. Percival, the most formidable of the ministers
whom the Catholics had to oppose ; and the Prince had declared that
it was only in obedience to the wishes of his father, that that minister
was retained in his situation. After a few more observations on the
justice and the approaching success of the cause, Mr. O'Connell sat
down amidst the applauses of the assembly."
The year 1812 commenced with an active agitation. County
meetings of the Catholics were held, to protest against the
dispersion of the Catholic Committee in December of the pre-
ceding year, and against the general tendency of the acts of the
government to violate the constitution.
Special reference was also made in the resolution passed at
those meetings, to the restrictions that yet subsisted on the powers
of the Prince of Wales as Regent ; and there was an expression
of hope that on the then approaching expiration of those
restrictions, the Catholics would obtain " a redress of those
grievances that would have tended, as the resolution said, 'to
alienate their affections, were the latter not so strongly cemented
to the interests of the throne, by an unbroken series of loyalty
and allegiance.' "
The Catholics — if indeed they were still under the delusion
of these fond hopes from the Prince's good-will — were very soon
to be bitterly and entirely undeceived.
Whatever their real belief may have been, it was their
K
130 MEMOIR AND SPEECHES OF
obvious policy not to betray any suspicion, even were such
entertained, and accordingly the tone assumed, in alluding- to
hira, was of high confidence.
But there was another feeling on a different and larger
subject that also marked several of these assemblies. The
Union, its evils, and degrading and ruinous effect upon the
country, and the strong necessity for its repeal. These were
also topics of debate ably dwelt upon by several speakers, but
by none more so than by Mr. Howley, the present third
sergeant at law, and assistant barrister for the south.
At a meeting of the Catholics of the city and county of
Limerick, held at the Commercial Buildings in that city, on
Monday, 6th January, 1812, he thus expressed himself: —
" The occurrences of the present day strongly
recall to my mind a former period of Ireland's misfortune ; and that
grave of Irish prosperity, the Legislative Union, gapes before my
eyes with all its sepulchral horrors ! (great applause.)
" It is a circumstance, well known to every reflecting mind, that
the unhappy dissensions, which rent this country asunder, might have
been suppressed, at the beginning, did not that statesman, called
' the great man, now no more,' think them essentially necessary to
bring about his favourite political project, the union of both
countries.
"He watched the evil in its progress and maturity, and when the
malignant poison of disaffection had mixed with the blood of the people,
he awoke, as it were, from a dream, and was alive to all the horrors of
the disease (applause). It then became necessary to have resort
to strong and desperate measures; and before the country had
recovered from the shock of civil animosities, while the sorrows of
the past had fixed the mind, and rendered it careless for the
future, the Union was proposed, and the Union was carried !"
This outburst against the grand source of Irish evils, was
received, as the newspaper report says, " with repeated and
unceasing applause." We notice it here as one of the strong
indications constantly recurring ever since the Union was car-
ried, of the enduring and unabating hostility in the Irish popular
mind, to that nefarious and execrable measure.
DANIEL O'CONNELL, ESQ., M.V. 131
An amusing, and yet pitiable instance of the degradation into
which party feeling and religious bigotry are apt to hurry those
who give them indulgence, is to be found in the gross attacks of
of the tory press about this time, on the Duke of Clarence, (the
late king,) for what was to them an unpardonable offence —
namely, his very proper and high-minded conduct, in refusing to
drink the Orange Shibboleth, " the glorious, pious, and immor-
tal memory" — when proposed, in his presence, by a brutal
Orange officer of an Irish militia regiment, at a garrison
dinner. The Duke of Clarence aggravated his crime in the
eyes of the bigots of high and low station, by giving a prompt
and very severe reprimand to the wretched creature who pro-
posed the toast.
In this month (January), a kind of embryo plot was disco-
vered, nominally against the government, but really, (like the
police plots of the present day,) against the popular leaders and
their agitation : — A drunken schoolmaster of a Catholic charity
school, in excusing himself, while drunk, to his employers, for
absence and other breaches of duty, declared that he had duties
elsewhere that had detained him — that he was " secretary to the
new association established for the purpose of separating Ire-
land from England by force of arms !" as also for the purpose of
" extirpating heresy" — that Mr. Hay, (secretary to the Catholic
Committee,) was also "private secretary to this new association —
that " he had been supplied with a blunderbuss, and many others
were armed, as it was easy to procure arms out of the castle !
and that an attack was shortly to be made upon the latter," &c.
This raw-head and bloody-bones story, which, in any other
country, would have been laughed at as the wanderings of
intoxication, was not, however, treated lightly by the Catholics.
They knew only too well that their unscrupulous opponents were
capable of any device, no matter how base and clumsy, by
which even the suspicion of criminality could be thrown upon
the popular party.
At this day it would not be quite safe for the members of the
latter entirely to neglect a similar occurrence ; as the continued
misgovernment of Ireland has necessitated a continued employ-
ment, by those in authority, of the same base and infamous
132 MEMOIR AND SPEECHES OF
means which were in fashion in 1812, and preceding years. The
Catholic leaders, accordingly, did what the Repeal leaders have
to do with the pretended Ribbon plots of the present day,
namely, communicated all they could make out on the subject to
the government. In doing so, however, they met with unex-
pected, but not unparalleled difficulties. The authorities, to use
an expression which Mr. O'Connell has often had occasion for,
in referring to such occurrences, were " not at all pleased at
having their frie7ids caught;" and, accordingly, Mr. Attorney-
General Saurin actually put off receiving the full account of the
matter, and otherwise manifested an indifference, very strongly
contrasting with the cat-like vigilance and activity with which
anything that could tend, even in the remotest degree, really to
implicate the Catholic party, had been watched for and seized
upon.
The man who had made the extraordinary declaration we
have given, had attempted, when sober, to retract it : but, on
being pressed, he deliberately repeated all that he had said
before, and even added something to the story. This delibe-
rateness on his part manifested that, whatever the design might
be, there were concert and premeditation in it; and, consequently,
the Catholic leaders were the more urgent in pressing their
communication upon the reluctant government. The following
is the account of their proceedings which appeared in all the
papers : —
" It was resolved that the commuuication should be made, in the
presence either of Mr. Grattan, or the Knight of Kerry — a precau-
tion which, circunistauced as the members of the Catholic Committee
were, they thought prudent.
" Neither of these distinguished gentlemen were in town on
Friday ; but expresses were sent them, and also to Lord Fingal, who
was at Killeen Castle ; and early on Saturday morning the three
arrived in town.
" It was the opinion of these gentlemen that they ought, in the
first instance, to wait upon the Attorney-General, to inform him that
Lord Fingal, and some other Catholic gentlemen, had a communica-
tion to make to him, touching the existence of a treasonable con-
spiracy— that they were then ready to make it, and to know if the .
DANIEL O'CONNELL, ESQ., M.P. 133
Attorney-General was ready to receive them for that purpose. This
course was accordingly adopted.
" Mr. Grattan and Mr. Fitzgerald accordingly waited on the
Attorney- General on Saturday, the 5th of January, and stated the
object of their visit. Mr. Attorney- General was ' not then ready to
receive the communication f We understand that he asked if there
wei'e any depositions upon oath ; and recommended to Lord Fingal,
and the other gentlemen, to go before a police magistrate, and give
their information to him ; that that was the usual way, and did not
seem to think it at all necessary to see the Catholic gentlemen
himself!
" "We understand the Attorney- General was strongly pressed to
receive the communication, and to submit it to the Irish govern-
ment ; that he asked whether the gentlemen meant to come to him as
a committee ? To which the Knight of Kerry replied, ' No, sir ; they
will wait on you merely as individuals.'
"At length the Attorney- General appointed the hour of twelve, at
Mr. Pole's office, in the Castle, on Monday, the 7th, to receive the
communication. He said he wanted to go to his country seat, and
supposed there could be no danger in the meantime.
" The Earl of Fingal, Major Bryan, and Mr. O'Connell were
appointed to go to Mr. Pole's office at that hour ; they did so accord-
ingly, and were accompanied by Mr. O'Gorman. We understand
that they gave a brief statement of the confession made by the school-
master ; gave in his name, and the names and residences of some of
the trustees who were witnesses to that confession ; and also some
printed papers belonging to this association. They were received by
the. Attorney-General and Mr. Pole with ceremonious politeness ;
and having made their communication, withdrew, leaving it to the
government to act as they should think fit.
" We have heard, too, that the Attorney-General offered some
excuse for postponing the meeting from Saturday to Monday. He
said he had, on second thoughts, written to Mr. Grattan, to say that
he would be glad to see Lord Fingal upon Sunday ; but as Mr.
Grattan had returned to his house in the country, the letter had fol-
lowed him there, when Mr. Grattan had written in answer that the
matter did not press.
" Lord Fingal replied, < Mr. Attorney- General, tve feel that it
pressed on us to make the communication as speedily as possible.'
" We have now stated all the facts that have come to our know-
134 MEMOIR AND SPEECHES OF
ledge. We do fearlessly ask, do these facts requii-e comment ? The
laic officer of the crown refuses to hear of a treasonable conspiracy,
otherwise than in due form of law ; he is afraid to receive intelli-
gence, important to the state, lest he should admit delegation ; and,
lastly, he postpones obtaining this knowledge from Saturday to
Monday. It was, of course, quite impossible that the intentions of
the Catholic committee to make the disclosure should remain a secret.
The implicated obtain time, from Saturday to Monday, to conceal
themselves. Good Heaven ! where did this conspiracy commence ?
We will say where it did not commence. It did not commence with
the Catholics, who have used their utmost exertions to put it in the
power of government to have it out ; it did not originate with them,
whose hopes of emancipation would be blasted by treason or disaffec-
tion. No! whatever it be, it is a conspiracy against the Catholics ;
and, being confined, as it must be, to a few miserable dupes of the
lowest order, it is a conspiracy useful to administration."
Can any one wonder at this comment of the newspaper on
the transaction above detailed ? How often, in the present day,
have not our journalists to make remarks of similar tendency
and effect on similar occasions ?
Keegan, the schoolmaster in question, was apprehended, and
a show made of taking evidence against him, and instituting a
criminal prosecution ; but the same unusual tardiness and back-
wardness which had marked the Attorney- General's reception of
the first intelligence of the affair, was visible in the rest of the
proceedings ; and the end was, that a few months later, Keegan,
and one or two who were supposed to be implicated with him,
were discharged by proclamation.
Irritated as the members of the government doubtless were,
at the drunken indiscretion of the man, by which the hopeful
plot was blown upon, ere, under the anxious care of their subor-
dinate agents, it couid be ripened into mischief, and brought
forward as a grand discovery of popish treason, they yet dared
not punish their tool, lest he should be driven to make disclo-
sures, very inconvenient to them, as to the parties who were
really behind the scenes.
In a recent valuable work, " The Connection between Great
Britain and Ireland considered," by Dr. Madden, there are
DANIEL O'CONNELL, ESQ., M.P. 135
copious extracts given of correspondence between the Irish
government, during the years 1816 — 18, and various magis-
trates and others throughout the country, relative to agrarian
disturbances, insurrectionary movements, real or pretended, &c.
In that correspondence it will be seen that no story, however
improbable, no legend, however idle, that the fertile imagination
of local tyrants, sharpened by the desire of getting more power
of tyranny into their hands, and by the coward fear that their
bad consciences inspired them with, could invent, was considered
too wild, or monstrous, to be attended to ; and its authors cour-
teously thanked for their promptitude in giving intelligence, and
encouraged to continue their valuable services to the state.
Yet here were Catholic gentlemen, of high respectability and
rank, making a thoroughly-supported representation of most
suspicious circumstances, and all but laughed at to their faces !
Another circumstance of the affair we have given the narra-
tion of, is strikingly indicative of their sense of the social infe-
riority which pervaded the Catholic body. Lord Fingal, a peer,
at least of Ireland ; Major Bryan, a gentleman of very large
landed possessions ; and Mr. O'Connell, a barrister of consider-
able standing and high practice, felt that it would be prudent for
them, in approaching officials, to secure the companionship, and,
as it were, the countenance of two Protestant gentlemen, no
more than the equals of Messrs. O'Connell and Bryan, and, of
course, inferior in rank to Lord Fingal.
A chance circumstance connected with the recent agg^reo'ate
meeting, will be found of a certain interest. It was attended by
the gifted but most unhappy Percy Bysche Shelley — unhappy
in the wildness, the madness of his after-errors, and unhappy in
his untimely fate. Seldom has there been exhibited to the
world a more striking and lamentable instance of the ruinous
effects of the want of a proper control and guidance in youth.
The more talent, energy, fire, the greater and more certain the
danger, if the wild impulses be not watched, and checked, and
turned in a right and safe direction — while yet the youthful
character is plastic, and manhood's pride, and indurated vigour,
have as yet not been enlisted in the cause of error.
It was a generous and a Christian impulse that impelled him
to attend the meeting in question, and to express the sentiments
136 MEMOIR AND SPEECHES OF
which he shortly after embodied in a publication, distributed by
him throuofh Dublin. We take the following extracts from it : —
"PROPOSALS
FOR AN
ASSOCIATION OF THOSE PHILANTHROPISTS,
*' Who, convinced of the inadequacy of the moral and political state
of Ireland to produce benefits tohich are, nevertheless, attainable,
are willing to unite to accomplish its regeneration.
" [ propose an association which shall have, for its immediate
objects, Catholic Emancipation, and the Repeal of the Act of
Union between Great Britain and Ireland ; and grounding on the
removal of those grievances an annihilation, or palliation, of what-
ever moral or political evil it may be within the compass of human
power to assuage or eradicate.
" It is my opinion that the claims of the Catholic inhabitants of
Ireland, if gained to-morrow, would, in a very small degree,
aggrandize their liberty and happiness. The disqualification, princi-
pally aifect the higher orders of the Catholic persuasion ; these
would chiefly be benefitted by their removal. Power and wealth do
not benefit, but injure the cause of virtue and freedom.
" I am happy, however, at the near approach of this emancipation,
because I am inimical to all disqualifications for opinion. It gives
me pleasure to see the approach of this enfranchisement, not for the
good which it will bring with it, but because it is a sign of benefits
approaching — a prophet of good about to come ; and, therefore, do
I sympathize with the inhabitants of Ireland in this great cause — a
cause which, though in its own accomplishment will add not one
comfort to the cottager — will snatch not one from the dark dungeon —
will root out not one vice — alleviate not one pang — yet it is a fore-
ground of a picture, in the dimness of whose distance I behold the
lion lay down with the lamb, and the infant play with the basilisk ;
for it supposes the extermination of the eyeless monster bigotry,
whose throne has tottered for 200 years. I hear the teeth of the
palsied beldame superstition chatter, and I see her descending to the
grave ! Reason points to the open gates of the temple of religious
freedom ; philanthropy kneels at the altar of the common God !
" Does a God rule this illimitable uiiiverse ? Are you thankful
DANIEL O'CONNELL, ESQ., M.P. 137
for his beneficence ? Do you adore his wisdom ? Do you hang
upon his altai" the garland of your devotion ? Curse not your
brother though he hath enwreathed with his flowers of a diflferent
hue ; the purest religion is that of charity.
" I regard the admission of the Catholic claims, and the
Repeal of the Union Act, as blossoms of that fruit which the
summer sun of improved intellect and progressive virtue are destined
to mature.
" I will not pass, unreflected on, the Legislative Uniou between
Great Britain and Ireland ; nor will I speak of it as a grievance so
tolerable, or unimportant in its own nature as that of Catholic dis-
qualification. The latter affects few ; the former affects thousands.
The one disqualifies the rich from power ; the other impoverishes
the peasant, adds beggary to the city, famine to the country, multi-
plies abjectness, whilst misery and crime play into each other's hands,
under its withering auspices. I esteem, then, the annihilation of this
second grievance as something more than a mere sign of coming
good. I esteem it to be in itself a substantial benefit. The
aristocracy of Ireland (much as I disapprove of other distinctions
than those of virtue and talent, I consider it useless, hasty, and
violent, not for the present to acquiesce in their continuance) — the
aristocracy of Ireland suck the veins of its inhabitants, and consume
the blood in England
" England, the whole civilized world, with few
exceptions, is either sunk in disproportionate abjectness, or raised
to unnatural elevation. The Repeal of the Union Act will place
Ireland on a level with her sister nation. Benevolent feeling has
gone out in this country in favour of the happiness of its inhabitants.
May this feeling be corroborated, methodized, and continued ! But it
will not be kept alive by each citizen sitting quiet by his own fire-
side, and saying that things are going on well, because the rain does
not beat on Aim; because he has books and leisure to read them;
because he has money and is at leisure to accumulate luxuries to
himself. "When the heart recurs to the thousands who have no
liberty, and no leisure, it must be callous by long contemplation of
wretchedness, if after such recui'rence it can beat with contented
evenness."
What glimpses, or rather plain evidences are there not here,
of a mind capable of much good and much usefulness, had it
not been abandoned to its own wild impulses.
138 MEMOIR AND SPEKCHES OF
The allusion to the effect on the " higher orders" of Catholics
was, so far as those of them who have most benefitted by the
Emancipation Act, truly prophetic. " Power and wealth" have
sadly injured, with them, " the cause of freedom and virtue."
They have forgotten the honest people who helped them to their
honours and advantages.
In the remarks upon Repeal there is the same singular ap-
positeness to the present day, that we had before occasion
to notice. If there be more in one part than another, it is
in the concluding portion. Those who are at ease should,
indeed, recollect the myriads who are in want and wretchedness ;
should not deem their own leisure and luxuries fairly enjoyed,
until they had done something to procure necessaries and com-
forts for their less fortunate fellow-countrymen ; should not
blink with worse than idle excuses, of want of taste for public
life, want of ability, (an excuse they do not credit themselves,)
the discharge of at least some portion of their duty as citizens
of a distressed, and impoverished, and oppressed state.
The state prosecutions against the Catholic gentlemen, whose
arrest, &c., has been before narrated, were re-comraenced
towards the end of this month, January, 1812. The following
scene will serve to illustrate still further the base practices of
the government : —
" January 27, 1812. — The King at the prosecution of Huddlestone
V. Messrs. Kirivan, Taaffe, and others.
" When the panel had been called over, Mr. Burrowes, of counsel
for the traversers, submitted the following challenge to array : —
" ' And the said Thomas Kirwan comes and challenges the array, and
says, that the said panel was made by John Kingston James, who,
at the time of making the same, v/as one of the sheriffs of the city of
Dublin, and who in name of himself and Robert Harty, the other
sheriff of said city, returned said panel at the instance and request
of Thomas Kemmis, then and still crown solicitor and attorney for
the prosecution in the case.' "
On this challenge, Mr. Kemmis, the crown solicitor, was
examined before triers appointed by the court. He deposed,
on a long examination, that Mr. James (the present Sir John
DANIEL O'CONNELL, ESQ., M.P. 139
Kingston James) had not shown him the panel, nor acquainted
him with its contents. But upon re-examination by Mr. Bourne,
(of counsel with Mr. Burrowes) the following came out : —
" Mr. Bourne begged Mr. Attorney General's pardon for
interrupting him, as 'he had to ask the witness a few more
questions.
" Q. You have said that you have heard from persons in the street
that they had been summoned. Did you come by a knowledge of
the panel in any other way than by information you received from
these persons ? A. Partly I did.
" Q. What other way ?
" [Here the Attorney General objected to the question, on the
ground that the information of three persons was not evidence to
sustain the challenge.]
" The Court, after hearing several arguments on both sides, over-
ruled the objection.
" Mr. Bourne — I ask you again, sir, in what other way did you
come by your knowledge of the panel? A. I got a list of the names
of such jurors as were impannelled on the jury.
" Q. Were any of those persons called? A. Some of them were,
and are to be on the juiy to be sworn.
" Q. From whom did you get the list ?
*' Witness. — Mr. Attorney General, am I to answer that question ?
" Attorney General. — I think not, but that will be for the considera-
tion of the Court. We are not now to enquire into the conduct of
any man but the persons stated in the challenge.
" The Court consider the question as admissible.
" Mr. Bourne — Mr. Kemmis, however reluctant you may feel, I am
authorized by the Coui't to ask you from whom did you get that
list ? A. From Sir Charles Saxton.
" [Great and general murmurs. Here Mr. Goold observed that
the discovery of this vile plot had, indeed, afforded ample viaterials
for the newspapers to dilate on, and he trusted, that the independent
press of Ireland would do its duty by the public, by its just animad-
versions of this abominable transaction.]
" Mr. Bourne resumed Q. Have you that list, sir, now in your
possession ? A. I have not — it may be in Kildare street. I have it
not about me.
" Q. Where did you see it last ? A. In Kildare street, in my
father's house, in my possession. [Witness appeared greatly em-
140 MEMOIR AND SPEECHES OF
barrassed.] I dare say it is now in my own house; but I am not
sure ; however, I don't think I brought it into court.
" Q. On what day did you get that list from Sir Charles ? A. It
was on Friday evening last.
" Q. Can you recollect where you received it ? A. I received it
at the Castle !
" Q. Sir Charles Saxton is under-secretary to the lord lieutenant ;
was it in his office ? A. It was in a room near his office.
" Q. Do you recollect what number of names it contained ? A.I
do not.
" Q. Can you take on you to say there was one hundred ? A.I
don't think there was near it.
" Q. Mr. Kemmis, will you take the trouble of saying whether it
is in court, or where it is ? A. I can't tell.
" Q, Can you say there were fifty names in Sir Charles's panel — I
mean Sir Charles's list ? A. I think there were.
" Q. "Were there more ? A. No, but I think there might have
been more ; I don't recollect them.
" Q. Were there any persons present when you received that
list ? I don't think there were.
" Q. How did it happen, sir, to come into your possession ? Did
you go to Sir Charles for that list, or did he send for you ? A. I
happened to be there about some business ; don't recollect exactly
what passed ; he handed it to me."
The examination of this witness having concluded, Mr.
Kemmis, sen., gave evidence as follows : —
" Q. Mr. Kemmis, you are the father of the last witness, and you
have heard his evidence ; you have produced Sir Charles's list ;
where did it come from ? A. Out of my pocket.
" Q. Why did you, sir, search for it in your bag, and in your desk ?
A. / did not know I had it at the time.
" Q. What time did you get it into your possession ? A. I dare
say those two days.
" Q. Look at the names in the list and tell me are they all in the
panel? A. The first name. Sir Thomas Newcomen, is not on the
panel ; Mr. Luke White is not on ; John Lindsay is not on it.
"[Here Mr. Burrowes requested Mx\ Bourne, the officer of the
court, to compare Sir Charles's list with the panel, for the purpose of
ascertaining in what respect they had differed from each other. He
DANIEL O'CONNELL, ESQ., M.P. 141
(Mr. BuiTowes) insisted that the list must either have been taken
from the panel, or the panel from the list ; and as the latter was
the most probable, he wished to know the names of such persons as
appeared on the list, and that did not appear on the panel.]
" The names of the following persons were entered in Sir
Charles's list, and some of them were erased from the panel, and the
others were not entered on it. In every other particular the names
on both exactly concurred.
SIR CHARLES'S LIST.
1 Sir Thomas Newcomen, 8 Thomas Keenaghan,
2 Luke White, 9 T. Crostwaite,
3 John Lindsay, 10 G. Beaumont,
4 Peter Wilkinson, 11 H. Higginbotham,
5 Edward Croker, 12 Robert Law,
6 Thomas Thorpe Franks, lb Robert Armstrong,
7 William Haller, 14 J. Hilles.
Erased from the panel with four others.
" Q. At what hour on Friday last did you receive the list from Sir
Charles Saxton ? A. It was about five o'clock.
" Q. Had you been there in waiting for him ? A. I believe I was
in the outer room for a little time.
" Q. What brought you to the Castle ; was it not to receive the
list ? A. I don't know what brought me there ; it might have been
some other business."
There is not a little to remind the reader of the state prosecu-
tions in the years 1843-44, in all this.
The trials proceeded notwithstanding ; and, upon Thursday,
the 30th of January, Thomas Kirwan was found guilty. No
punishment was, however, inflicted; but, as the government
journal, " The Patriot" announced, " the traverser was informed
that, notwithstanding his conviction, he was perfectly at liberty
to go at large upon the recognizance he had already provided.
Any further proceedings against the delegates are, for the
present, declined."
On the 29th of February, in this year, another aggregate
meeting of the Catholics took place in the same locality as
usual, the theatre in Fisharable-street, to " petition the legis-
lature, and to address his Royal Highness the Prince Regent."
142 MEMOIR AND SPEECHES OF
The following resolution, amongst others, was passed at this
meeting : —
Proposed by Mr. Burke, of Glinsk, and seconded by Major
Bryan, and resolved unanimously — " That the General Commit-
tee of the Catholics of Ireland, appointed by the aggregate
meeting, upon the ninth day of July last, are entitled to our
thanks ; and it is requested that they will not meet, until the
legality of their doing so is decided."
A resolution, moved and seconded by the same parties, express-
ing the thanks of the meeting to " our friends in parliament.
Earl Grey and Lord Grenville," was spoken to by Mr.
O'Connell.
" Mr. O'Connell came forvpard and said he did not mean to oppose
the motion, nor was it necessary to use any argument in its support.
Since the commencement of the British constitution to the present
hour, no statesman had ever stood higher than those noble lords
in public estimation. They had, with the purest patriotism, refused
everything that power could give ; they had rejected all the allure-
ments of office, rather than sacrifice, or even postpone the assertion
of principle — a splendid instance of public virtue, more brilliant for
its rarity and for the contrast it alforded to the subserviency of their
adversaries.
" It was unnecessary to urge the motion. Every Irish heart beat
responsive to the liveliest accents of gratitude. But he would avail
himself of that opportunity to make some observations on the recent
events — on those interesting events which had occurred since the
last meeting of the Catholics. His observations should certainly be
made with the utmost good temper, because, in truth, there was
nothing in these occurrences to irritate, or much that alForded unmixed
consolation.
" The first topic that presented itself was the late trial of Mr.
Kirwan. That trial had proved only what was already well known,
namely, that it was possible for the Irish administration, with all its
resources, to find a single jury to take upon itself to swear tliat
pretence means purpose ; and that the man who was admitted, by
his prosecutors and judges, to be innocent in act and intention, was
in law and fact, guilty.
" It, however, proved that one such jury was possible, for those
who saw that jury must admit, that it was not in human nature to
afford such another. Why, the administration had been so diligent
DANIEL O'CONNELL, ESQ., M.P. 143
in the search of originals, that they had actually found out a Mr.
Donovan, who keeps or kept a crockery-ware shop on the Quays,
and who, until the second day of the trial, never had heard of the
subject matter of the trial ! So he declared before he was sworn on
the jury. What think you of any man, not absolutely deaf, who
had been for three preceding months in Dublin, and had never
before heard of that prosecution !
" But a verdict obtained in the manner that had been was of no
importance. The public mind was in no wise affected by it. It
was anticipated from the commencement of the pieces of plain prose
with which the prosecution was opened, to the morsel of brilliant
hypocrisy with which it closed. The verdict was of no estimation,
even in the opinion of the very prosecutors, who felt the impossibility
of obtaining another ; and in that despair relinquished this extraor-
dinary crusade against the right of petition. To this despair alone
could be traced the abandonment of the opposition to allow the
Catholics the poor privilege of placing themselves in a body upon
their knees.
" Two traces had been left on the memory of the late state trial.
The one was ludicrovis — the other had in it something of a more
grave nature. The first merely recalled the recollection of the
farcical epithets applied by the Solicitor General to these individuals.
Of the Attorney General he had said ' that he was the most learned
and wisest of mankind (a very general laugh). Mr. Justice Day
he called a magnanimous judge' (much and very general laughter) ;
and what was still more ridiculous, he styled himself ' a friend to the
Catholics of Ireland' (shouts of laughter). The magnanimous
judge had, indeed, returned the compliment, and in a speech which
was, with some absurdity, called the passing of sentence on Mr.
Kirwan, but which, in fact, was, what it ought to be, an eulogium
on that gentleman — an eulogium in which all classes would readily
join; the magnanimous judge retorted tlie compliment, and called
the Solicitor General ' the friend of the Catholics J
" Good God I what a notion those men must have of our stupidity ;
what dupes and idiots they must take us to be. I am ready to con-
cede ' magnanimity' to the judge ; but that this barrister should be our
friend — that he who commenced his political career with being, whilst
yet young, the supporter of the blood-written administration of Lord
Camden — that he who can look at his own children, and then doom
ours to be degraded — who has shown himself ready to embrace any
servitude, in the way of his profession, and to ensure his promotion —
144 MEMOIR AND SPEECHES OF
that man may continue to persecute us — I consent — but he shall
never enjoy the notion of our considering him as ' a friend ;' we know
him well.
" The graver recollections which this trial has left behind were
suggested by the facts that appeared respecting the interference of
Sir Charles Saxton with the jury list.
" I own I was so far deceived as to expect that all that was solemn
and sanctified about the Chief Justice would have been roused into the
semblance of animation, when he heard that the Crown Solicitor and
Sir Charles Saxton hunted, in couples, for the knowledge of the jury.
I, in vain, hoped to see the spark of what I should call honest
constitutional fire illumine all that was dark and delightful in the
pomp of religious display ; but, no, alas ! no, the interference,
whatever it was, of the Chief Secretary of the Castle respecting a
jury in Dublin, passed off" without arousing one slumbering motion,
and precisely as if the Chief Secretary were the accustomed assistant
of the attorney for the prosecution.
"But this is a grave and serious subject. Of what value is pro-
perty— of what value is life, if the Chief Secretary of the Castle,
with all the power, and all the wealth, all the influence of the crown in
his hands, is to take any part, whatsoever, respecting the manage-
ment of a jury ?
" If this be once allowed, where, or how is any line to be drawn,
or what can be devised to prevent the next atrocious contrivance ?
There was, indeed, a great mistake committed in the defence. I take
my full share — the entire, if I am permitted — because I never heard
any but the worst reasons why we did not examine Sir Charles
Saxton. The truth is, we all did expect something from the Court
upon a precedent so pregnant with danger ; but the reason was, that
our friend, the Solicitor General, made a most solemn asseveration,
that the counsel for the crown would sift the transaction to the
bottom i those were his words; we idly believed him, when he com-
pelled Sir Charles to attend. Of course we were deceived ; but why
then did we not ourselves examine the Secretary ? I must confess I
cannot tell. It passed over, and we all felt our error. Would to
God we had examined him! Would to God we had sifted him on
his oath — where, from whom, when he got the jury list? — how it
happened that the numbers were altered ? — was it corruption ? — was
it a miracle ?
" I do still fondly hope, for the sake of law and of justice — for the
sake of everything valuable to Irishmen, that this matter is not at
DANIEL O'CONNELL, ESQ., M.P. 145
rest ; but that the baronet or knight, whichever he be, will yet have
this matter seriously and solemnly discussed and examined by parlia-
ment ; that the entire transaction shall yet appear ; and that my
lords the justices of the King's Bench, may possibly, hereafter, think
it their duty not to suffer so strange a fact to pass in review before
them, unexplained and unexplored.
" Allow me to say one word more, and I conclude as to the late
trial. The prosecutors insulted us, by excluding every Catholic from
the jury; they injured us, too, by excluding every Presbyterian.
How I thank them for the compliment they paid, on this second trial,
to the sterling integrity of the Irish Presbyterians, the very best
class of men in any community. To all that is generous and warm
in the Irish character, they add a firmness and a discretion, which
improves every manly virtue. I do greatly admire the fi'iends of
religious and civil liberty — the Presbyterians of Ireland.
" There is now another, and a different topic, to which I would
lead you : it relates to an afflicting circumstance which occurred since
our last meeting. You will recollect that I then warned you against
the machinations of your enemies ; I said that it was conjectured
that there were schemes on foot to involve the lower classes of the
people in some idle dream of disaffection ; I cautioned my country-
men against those schemes ; and I added, ' that any person who suf-
fered himself to be implicated in them, must be either a miserable
dupe, or the hired spy of the Castle.'
" Little did I then imagine, that my prophetic fears would be so
soon realized ; little did I then imagine, that I should be so soon
placed in that most distressing situation in which I have since stood ;
that I should be reduced to the necessity of feeling the abject humi-
liation of disclosing facts which might be fatal to some of my deluded
countrymen, or be obliged to expose them all to the danger of becom-
ing the victims of secret conspiracy, and to do what you all know to
be impossible — to violate the solemn oath of allegiance, which I have
repeatedly taken.
" Let any man of feeling judge of my situation. I did feel as if
I were degraded ; but I felt that I could not be untrue to honour,
when I was in the company of your lordship, and my most estimable
friend, Captain Bryan.
" The affair was fortunately passed over ; those who were arrested
have been discharged:
" ' My bosom's lord sits lightly on its throne,
when I recollect that those men have been restored to their families ;
146 MEMOIR AND SPEECHES OF
but I must again indulge in anticipating hope — I must still hope to
see, in this country, an administration that will offer pardon and
reward to the proclaimed conspirator, Fisher, for the disclosure of
who were his instigators, and with, or under whom he acted.
" I may be much mistaken ; but I do expect, then, to find some vile
and abominable scheme disclosed; a scheme to dupe the poor, in
order to continue the vassalage of the rich. Let me not be misun-
derstood. I do not mean to accuse the administration at the Castle
with any such scheme : it is of a nature too revolting to humanity to
allow me to attribute it to civilized beings. The secretary may,
indeed, indulge his taste in juries, but he would scorn to deal in
blood ; the scheme is confined, if it exists at all, to some of the infe-
rior agents — to some expectant place-huntei', or, rather, perhaps, to
some spy by profession, who, in the vacation between the terms,
happens to be devoid of other occupation. (Applause.)
*' I ought not, my lord, to detain you longer ; but I am induced to
request the attention of the meeting to a publication of a very strange
nature : it imports to be a report of a speech in parliament, and it
bears the name of Mr. Wellesley Pole
[Here Mr. O'Connell was inteiTupted by Mr. Francis Huddleston —
by that Francis Huddleston who prosecuted the Catholic delegates —
who wanted to address the chairman. Mr. Barnewall, JNIajor Bryan,
Counsellors Hussey and Finn protested against this attempt with
great indignation, and were strongly supported by the entire
meeting.]
" Mr. O'Connell continued his address : — What that gentleman
might have said in parliament, I am quite ignorant of, nor do I inquire ;
I have at present no right to reply to him here ; and I entertain little
doubt but that anything to our prejudice, or in his own praise — his
favourite subjects, which he might have brought forward — was sufii-
ciently replied to and exposed ; my business is merely with a news-
paper publication — a publication contained in a paper bearing, with a
constant contempt for truth, as its title, the sacred name of
' Patriot:
" This publication is entitled, ' the speech of the Right Honourable
"W. W. Pole.' I cannot bring myself to believe that any man could
pronounce such a discourse : the style is of the poorest order ; it talks
of the magistrates having a row with the Committee ; and there are a
thousand other phrases in it which demonstrate that no man of com-
mon education could have composed it. But it would be absurd to
waste time in censuring more of this composition ; it is the absence
DANIEL O CONNELL, ESQ., M.P. 147
of truth and decency which distinguishes it, and entitles it to some
notice amongst our calumnies.
" Let me be pardoned whilst I delay you to expose its want of
veracity. It is by calumny alone that our degradation is continued ;
if nothing were told of us falsely, if « nought was set down against
us in malice,' we should long since have been emancipated. My
lord, I beg leave to confute these calumnies, not because they are
talented or skilful, but simply to oppose the system of detraction.
" I have selected six different assertions, which are either but par-
tially true, or destitute of any, the slightest foundation of fact.
" The first I shall mention is one, perhaps, in itself, of little
moment ; but it will serve to show how incautious ' this speech' is in
its assertions. It does, my lord, assert, in speaking of the addition to
our former Committee, in the beginning of 1811 —
" 1st — ' That the government intended to stop the elections, and
did stop them. The ten persons which (I preserve the beauty of the
original) were ordered to be returned from each county, in point of
fact, never did assemble.'
" In point of fact, my lord, we all know that the government never
stopped any such election ; that it never did interfere, save by send-
ing forth the slovenly and ludicrous circular ; and that in point of
fact, the appointment did take place in most of the counties — every
county that pleased — and the assembling of those persons was a mat-
ter as public, and as well known to the government, as any other fact
which was entrusted to the daily newspapers ; but there is certainly
this happy colour for the assertion of the speech — that all the counties
in Ireland did not appoint to the last Committee.
" It is also asserted —
" 2nd — ' That Lord Ffrench, in consequence of the violence of the
members of the Committee, selected from them.'
" When shall I find time to express my astonishment at this asser-
tion— an assertion directly, pointedly, and positively the contrary of
the fact. Mr. "VY. W. Pole could never have said any such thing.
Why, Lord Ffrench was in the chair, when Mr. Pole sent his police-
justice to disperse that Committee. Lord Ffrench entered into a
correspondence with Mr. Pole to maintain that Committee. He
lent his character, his rank, and his talents to support that Committee ;
and, in pei'fect defiance of Mr. W. W. Pole, he did support it. What
becomes of the audacious assertion of his secession ?
" I wish my noble friend, for so I am proud to call him, were
allowed by his health to be here this day : how he would refute this
V,
148 MEMOIR AND SPEECHES OF
calumny. He never seceded or deserted the Catholic cause ; and I
can assure Mr. W. W. Pole, that there breathes not the man who
would presume to tell his lordship that he seceded from the Catholic
Committee or the Catholic rights. I know the reply which such
presumption would meet and merit.
" The next assertion which I shall notice is —
'< 3rd — ' That many of the counties in Ireland could not produce
ten respectable persons of the Catholic religion, above the rank of
farmers.'
" Where was the creature found who wrote this speech ? Is this
ignorance only, or is it unblushing effrontery ? I shall not stoop to
refute this foolish untruth ; it may serve a purpose in England ; in
this country it is almost beneath ridicule.
" We soon after find it gravely stated —
" 4th — ' The meetings to appoint the present Committee were held
for the most part during the assizes ; but they were conducted in
such a manner, that it was almost impossible to find out what passed
at the time.'
" Shame, shame upon this profligate speech- writer ! WTiy, all
Ireland knows that these meetings were held with even ostentatious
publicity ; that they were crowded by Protestants ; and that he who
could make the assertion that I have just quoted, deserves not the
trouble of contradiction. It may be supposed that it was impossible
to exceed the absurdity of the last mis-statement ; but, my lord, it has
been exceeded, for I find in this speech these words —
"5th — ' The Earl of Fingal had also seceded from the Committee.'
" No, my lord, calumny more absurd was never invented ; asser-
tion more destitute of fact, was never written. [Lord Fingal declared
his assent.] Yes, my lord, you are thus calumniated ; and the pur-
pose of publishing these untruths only aggravates the guilt of him,
whoever he be, that invented them.
" Thei'C remains yet one calumny. I do not entreat the members
of the Committee, so many of them I see about me, to restrain their
indignation, whilst I read it. It is this : —
" 6th — ' Mr. Pole said, that if gentlemen would read the debates of
this Committee, they would find separation was openly and distinctly
recommended.'
" Mr. Pole said no such thing : the man does not live, sufficiently
audacious to say any such thing. Why, my lord, this is a direct
accusation of high treason ; and he who would assert it of me, I
would brand with the foulest epithets. No ; a writer in a newspaper
DANIEL O'CONNELL, ESQ., M.P. 149
may be found to compose such a paragraph, but no man in his senses,
in the world, dare to utter it aloud. But if it were said, I care not,
while I proclaim it to the world to be unfounded as it is injurious —
as false as it is foul ; and I defy the slightest proof to be given of
its veracity.
" I have trespassed upon you too long, with this miserable publica-
tion ; it deserves notice only, because having circulated among the
English, who^ know us not, it may, remaining uncontradicted, be
believed. In the six assertions Avhich I have noticed, there is but
one that has the slightest pretensions to any colour of being other-
wise than being directly and palpably the exact reverse of the
fact.
"I am tempted to give you another instance of the stuff this
speech is made of. It treats of the book called ' The Statement of
the Penal Law,' and, as usual, it flagrantly misrepresents or absurdly
replies. I have been done the great honour, by some persons, of
having that book attributed to me. I should be proud to own it if
I could, but I am incapable of writing so excellent a composition, or
of sharing the honour with a gentleman to whose pen the Catholics
of Ireland are deeply indebted, for everything admirable that has
emanated from him ; and never were they more obliged than by the
address and petition which you have adopted this day.
" I do not choose to dilate on the resplendent talents of my
respected friend ; but in him Ireland possesses a model of classical
taste and refined judgment, devoted exclusively to patriotic pur-
poses. His book has been criticised in this speech ; and the law,
which is the intervention of the commissioners of charitable donations,
precludes the possibility of establishing a Catholic charity, with
permanent funds, is palliated by endeavouring to show, that the
rigour of the statute is softened by the mildness of the commis-
sioners. It is alleged that they humanely spare many a popish
chai'ity, and allow the pious sin to be perpetrated in quiet. In-
stances of their forbearance are given; and amongst them we find
the following, under date, 1810: — 'James Baldwin, of Macroom,
county Cork, left all his lands, in reversion, to Doctors Segrave and
Moylan, in trust, to raise £400 per annum, for ever, to establish a
school to instruct poor children in the tenets of the Church of
Rome.'
" This is one of the instances of the lenity of the commissioners of
charitable donations. Now, let me tell you what the value of their
kindness is — Mr. Baldwin was married to a near relation of mine.
150 MEMOIR AND SPEECHES OF
I am his executor. It was I proved the will, so that I am authority
upon this point. The fact is, that he had eight children, five of
whom are married, and have, most of them, large and increasing
families. He first devised his estates to his children, successively,
and their issue, male and female ; then to two other individuals of his
own name, having families, and their issue, male and female ; and
after the decease of aU those persons, between 70 and 80 in being,
and all their issue, this £400 per annum, is beqeathed to endow a
Catholic school, so that the vesting of this bequeath depends on the
contingency of about 80 persons dying without issue, an event very
little likely to take place in this country.
" Such is the wonderful forbearance of those commissioners — such
is the happy art attributed to Mr. W. W. Pole, of furnishing proofs
and illustrations. Yes, this article illustrates the active genius of
the speech. Unfounded assertion, ridiculous argument, paltry self-
sufficiency, and ludicrous quotation, distinguished the narrative of the
parish clerk, whose situation, exposing him to public view, he has
mistaken for elevation. I have to apologise for attaching so much
importance to matters so insignificant.
" I hasten to conclude by expressing my conviction that the
Emancipation is certain, and will be immediate. The generous, the
cordial support of our Protestant brethren, in Ireland, assures us of
it. The petition — which is exclusively their measure, and with
respect to which, every Catholic has scrupulously avoided the least
interference — the Protestant petition has, at this moment, more
signatures to it than were affixed to any petition of our own. It
has been supported in every county by the wealth, talent, and rank
of our affectionate countrymen, and I am proud to see amongst us
this day, at the head of so many of our Protestant friends, a noble
Lord (Grlentworth) whose ardent patriotism entitled him to the grati-
tude of every class of his fellow subjects ; and whom we shall see met
by corresponding patriotic exertions, and proudly placed in the first
rank of the representatives of his native country. The voters of
Limerick will not be blind to the insults they have received from
other quarters, nor to their own interests and dignity, nor to the
worth of the noble lord.
" We have the Protestants of Ireland in our favour — the Pro-
testants of England, at least the rational part of them, are not op-
posed to us. No, in the two last discussions in parliament, the right
and justice of our claims were conceded, even by those who opposed
on the ground of the time ; there was but one solitary exception — a
DANIEL O'CONNELL, ESQ., M.P. 1.51
single inJividual, Sir John Nichol, who was sent forward as the
scape-goat of English bigotry, to revive ancient calumny, and to add
some fresh ones ; he was installed in the enviable office of successor
to Dr. Duignan ; but, good Lord ! he is quite unfit for the employ-
ment. There was about Duignan, a sturdy, robust, unblushing
eifrontory, that enabled him to assert anything, and prevented the
possibility of his retreating. This poor Nichol, however, was no
sooner attacked and ridiculed, at eveiy tide, than he explained one
passage, softened down another, and gave up a third, until he himself
abandoned, piecemeal, the web of intolerance, so that it really
appears, that even the futile resource of bigoted calumny is at
length exhausted.
" Of the Prince I shall say nothing — uncertainty as to present
circumstances — reliance on the past, and the lingering and dutiful
affection in a heart devoted to the friend of Ireland, restrain me.
To canvass the subject would appear to be the entertaining of a
doubt.
" Oh ! but there is one objection still remains to our emancipation ;
it is quite novel and most important. Our enemies object to the
tone which the Catholics use. This notable objection was struck out
by the Earl of Rosse. He disliked our tone — he might as well
have quarrelled with our accent — but that would rather be a strong
measure in Lord Rosse (laughter). Seriously, however, the descendant
of Sir William Parsons has an hereditary right to be the enemy of
the Catholics upon any pretext, or even without one. I do not
believe this lord has fallen into inconsistency. I have some faint recol-
lection that, under the name of Sir Lawrence Parsons, he once
enacted patriotism in Ireland — I may be mistaken, but I do not
think he ever supported our claims ; and I am quite sure I wish he
never may.
"But our tone is disliked — yes, my lord, they dislike the tone
which men should use who are deeply anxious for the good of their
country, and who have no other object. "We are impressed with the
sense of the perils that surround us, and of all the calamities im-
pending on a divided and distracted people. "We see our own
resources lavishly squandered upon absurd projects, whilst our
tottering paper currency is verging fast to bankruptcy — the fate of
every other paper currency that has as yet existed. "We see the
private ruin that must ensue, the destruction, so prodigally hastened,
of the funded system. We see the most formidable military force
arrayed on the Continent. The Emperor of the European world is
152 MEMOIR AND SPEECHES OF
now busied with some quarrel on the Northern Frontier, which now
extends to the suburbs of St. Petersburgh ; his fleet augments by tlie
month ; who shall dare to say that we shall not have to fight, on our
own shores, for the last refuge of civil liberty, in this eastern world.
What blindness, what infatuation, not to prepare for that event !
" "We, my lord, assume the tone which may terrify the invader ;
we use the tone of men who appreciate the value of civil liberty,
and who would die sooner than exchange it for the iron sway of
military rule. We talk as men should, who dread slavery and
disgrace, but laugh to scorn the idea of danger. Shall it be asked,
if the invader arrived —
' ' ' And was there none — no Irish arm,
lu whose veins the native blood runs warm ?
And was there no heart in the trampled land.
That spurned the oppressor's proud command ?
Could the wronged realm no arm supply,
But the abject tear and the slavish sigh?'
<* Why, yes, my lord, we are told if we had been servile and base
in our language, and dastardly in our conduct, we should be nearer
success ; that the ' slavish tear,' the ' abject sigh,' would have suited
our dignity ; that had we shown ourselves pi'one to servility and
submission, and silent in oppression, we f=hould advance our eman-
cipation ; and that by proving, by our words and actions, that we
deserve to be slaves — we should ensure liberty."
We have before quoted a newspaper report of the scene in
the House of Commons, between the Hon. Colonel Hutchinson,
and Mr. Speaker Abbott, on occasion of a bold and emphatic
denunciation, by the former, of the Legislative Union between
the two countries.
The Patriot (the same government newspaper denounced
by Mr. O'Connell in the speech last quoted, that of the 29th
February) had, a few days after the latter date, an article on
the subject referred to, containing some general remarks upon
Irish agitation, which, if their origin were not stated, might
well be considered extracts from the columns of the Standard,
Herald, Post, or Times, at the present day; merely substituting
" Repeal of the Union," for " Catholic Emancipation."
There is an especial similarity in the intolerant and intolerable
insolence in which the idea of concession is spoken of — conces-
sion subsequently made — as, despite the present vapourings, it
DANIEL O'CONNELL, ESQ., M.P. 153
will again be made, sorely against the grain, to the peaceful,
constitutional, but irresistible movement of the Irish people.
The following is the main part of the article : —
" Could the authors, to whose witty observations on the result of
Mr. Keegan's aiFair we have already alluded, suppose for a moment
that all the earlier history of that foolish business had been entii'ely
forgotten — that the marked indifference of the Irish administration,
when the affair was first opened to them — the delay to arrest the
conspirators, and the anxious representation of the subject made by
the Catholics — had altogether escaped recollection, when they ven-
tured to charge the government with the malicious design of giving
countenance to mock conspiracies, for the purpose of bringing suspi-
cion and disgrace upon the Catholic body ? Could they believe that
the most careless and stupid of their readers would fail to detect the
imposition, or that the most factious could discover it without feeling
contempt and indignation ?
" Now, that we have alluded to the inaccuracies and extravagance
of the Irish press, we beg leave to cite an example, in which a
strange propensity to the most foolish exaggeration has been dis-
played by some of the advocates of Catholic emancipation.
" Mr. Hutchinson, an Irish member of the House of Commons,
was lately interrupted by the Speaker, while descanting on Irish
affairs ; and we feel assured that no man who knows anything of the
character of the present Speaker of the House of Commons, will
doubt that there must have been good reasons for the interruption.
It is scarcely possible to conceive the furious indignation manifested
by some of the Irish writers on account of this affair, which they
Avould fain represent as a studied interposition of idle and unavailing
formalities, for the wicked and corrupt purposes of stifling the voice
of an advocate who was about to plead the cause of five millions of
his fellow-subjects, before the great national council! It is much
their custom, indeed, to talk of round numbers; and this same num-
ber of five millions seems to be a great favourite with them. They
take infinite pains, on all occasions, to proclaim to the world, that
there are no less than five millions of Irishuien resolutely bent on
vindicating and maintaining their rights ; that is, on carrying the
question of Catholic Emancipation. Nov*^, we are quite aware that
the population of Ireland has, of late years, made rapid progress ;
and we are not ignorant that the Catholic cause has also made con-
siderable advances with the Protestant population of Ireland ; and
154 MEMOIR AND SPEECHES OF
yet we are very much inclined to doubt whether, even at the present
day, an advocate of Catholic Emancipation can, with anything like
truth, be said to speak the unbiassed sentiments of five millions of
people.
" We may remind those who make this ostentatious parade of the
numbers and resolution of the Catholics — who seek to extort conces-
sions from fear rather than conviction — who labour by the most sus-
picious and offensive allusions to the present state of the country, and
the collected strength of our foes — that they themselves are, in
truth, the worst enemies of the cause which they profess to advocate ;
that the government and legislature of the British empire never
have, hitherto, and, we trust, never will, yield anything to menace
and violence ; and that by persevering to desci'ibe their own insolent
and seditious declamations, as the fair expression of the sentiments of
five millions of British subjects, they do as much as in them lies, to
induce a belief among those who give credit to theii- statements, that
the people, whose opinions they pretend to express, are totally dis-
qualified from participating in the higher privilege of the British
constitution."
In the month of May, this year, the prime minister, Mr.
Perceval, was shot, just as he was passing through the lobby of
the House of Commons, to enter the house, shortly after the
commencement of its sitting. The history of this tragic event
is too well known to require detailing here, even if it came
directly within the scope of our subject. That his death was
nearly instantaneous, and that Bellingham, his murderer — a
man crazed by his misfortunes, and what he deemed intentional
and insulting neglect of some applications made by him to the
ministry — had none of the mercy shown to him which, in recent
cases of a similar nature, has been extended to doubtful insanity,
but expiated his crime on the scaiFold, are matters of general
coo^nizance.
The death of the premier gave rise, of course, to a thousand
speculations, anxieties, hopes and fears in the public mind in
both countries. Whigs, Tories, even the then comparatively-
insignificant Radical party in England, and the Orange and
Catholic parties in Ireland — each were busy with their own
conjectures, expectations, and doubts.
The conduct of the Prince Regent had, indeed, recently
DANIEL O'CONNELL, ESQ., M.P. 155
given strong grounds to the intolerant party to believe that he
would, (as he speedily did), decide in their favour. When, by
the confirmation and confession of the entirely hopeless character
of his father's malady, the restrictions at first imposed upon the
authority of the Regent had reached their term, he had, of his
own accord, continued Mr. Perceval and his colleagues in the
high offices they had filled under his father ; and from which, so
long as any idea was entertained of the old king's recovery, he
had affected to believe their removal by him would have been
considered an act of filial, and almost disloyal disrespect.
That this was but a miserable pretence, had been more than
suspected, when he continued them in office, after the expiration
of his restrictions, and full proof of its being so, was soon to be
furnished.
Delusive, but yet strong hopes were entertained that, although
personal predelictions could scarcely be supposed to attach him
to Mr. Perceval, who had, on more than one occasion, been the
cause of mortifications and annoyances to him ; yet, that the
former's retention in office was to be attributed to some ascen-
dancy gained over the feeble mind of the prince ; and that the
occasion of the minister's death would be eagerly seized upon
to prove, that in adopting the man, there had been no permanent
adoption of his policy.
It may well be conceived with what deep anxiety the Catholics
in particular awaited the manifestation of his intentions. Their
hopes had been cruelly handled hitherto ; yet the sentiments
which Moore has embodied in one of his earlier melodies — said
to have been written with direct reference to the feeling's of the
Catholics at the time — still pervaded their minds, and made
them reluctant to anticipate the coming evil: —
' ' Upon thy lip such promise hung,
I did not dare to doubt thee ;
I saw thee change — yet still relied,
Still clung with hope the fonder."
Fond hope, indeed, and vainest of hopes ! The miserable,
false-hearted voluptuary was not long in utterly destroying it ;
nor was this fated to be the last time that he was shamefully and
insultingly to deceive and betray his Catholic subjects !
Mr. Perceval was shot upon the 11th of May, and by the
156 MEMOIR AND SPEECHES OF
eighth of the succeeding month, his colleagues in the ministry —
after a brief series of negociations and intrigues, possessing little
interest now — were declared to be permanently re-seated in
office, to carry out the same line of anti-liberal and anti- Catholic
policy, as when Mr. Perceval presided over their councils.
Before coming to the occasions when the deceived and cruelly-
disappointed Catholics gave expression to their feelings at these
occurrences, we shall give a speech of Mr. O'Connell's, prior in
date, relative to a matter of importance to the Irish bar, which
had occurred just after the spring circuit of 1812.
At this time he had already risen to an eminence in his pro-
fession, which fully entitled him to the prominent part he took
in the defence of its privileges, on the occasion we are about to
allude. His professional income, which had increased annually
since he had been called to the bar, now exceeded £4,000 a
year, and his business, whether in Dublin or on the circuits,
was the first of any man not connected with, and, therefore,
not enjoying the special favour of certain judges, (of which
there were several instances at the time), nor advanced to a silk
gown.
The latter was undoubtedly Mr. O'Connell's right, and had
been so for three or four years, so far as legal merits could
deserve it. But the obstacle, of course existed, of that portion
of the Catholic disabilities which pressed upon members of that
communion engaged in the legal profession ; and even had it
not, the Irish government, in that and preceding, as for many a
succeeding year, would have sedulously excluded him from all
promotion, because of his adherence to the cause of his country.
In fact, if any justice had been done him, he should have had
a patent of precedence to which no legal obstacle existed.
Although a digression from our subject, we may be allowed
here to introduce some anecdotes of his bar career acceptable to
the general reader.
It is the fashion to call the bar a "liberal" profession.
Undoubtedly, all occupations, which tend to call out and employ
the powers of the mind, have a prima facie title to the designa-
tion in question. Yet that the legal profession docs eminently,
or much — we had almost said at all — tend to liberalise the mind,
is, at best, most exceedingly doubtful. Nay, it is an opinion,
DANIEL O'CONNELL, ESQ., M.P. 157
not without strontr and reasonable foundation, that the hair-
spUtting dexterity — the microscopic keenness required by him
who would successfully thread the law's intricacies, directly
operates to injure the mind, and impair its powers of taking a
large and comprehensive view of the great problems in debate
among mankind.
Eminent legal distinction has, indeed, been achieved ; high
office in the state has been won by the barrister class ; but how
few are there, among all the names of eminent legal men of
past and present times, who have rendered service to humanity,
either in the achievement of social and political ameliorations,
or in the enlargement and exploration of the vast fields of mental
inquiry and enlightenment ? On the contrary, how many, what
an overwhelming multitude of names could be cited from among
them, of men who have basely truckled to power, and pandered
with their talents and acquirements to all the tyrannous fancies
of a monarch, or a party. Never monarch sought to extend
the grasp of prerogative — never dominant faction in the state
sought to crush down still more, and trample in the mire, the
people's liberties — but he or they found ever the readiest tool,
ever the most unscrupulous and most efficient agent in the
eminent lawyer, whether clothed in what has been, with a
cruel mockery, styled the stainless ermine of the bench, or yet
contending in the forensic arena. If this has been the case,
most indisputably in England, how much more so in Ireland,
where, for ages, down to the present day, the rewards of talent
have been held in the hands, and dispensed at the corrupt will
of a government alien to the land, and hostile to its people.
Within the forty-five years of the present century alone, this
patronage has been most fearfully abused, and as a conse-
quence, some of the worst instances of judicial perjury and
barrister servility have occurred within that period.
We are not to be understood as desiring to make any appli-
cation of those remarks to the present grave and learned
occupants of the bench ; and most certainly there are among
them those upon whom any comment should be one of praise.
The Irish.^bar of the present day has, within the last two
years, been a good deal redeemed by the spirit of nationality
which has begun to manifest itself among them. But at the
158 MEMOIR AND SPEECHES OF
period of Mr. O'Connell's life with which we are now engaged,
the state of things was as bad as could be with the bench
and the bar. Ignorance, insolence, and tyranny with the one,
and corruption and servility with the other, added to and aggra-
vated the crowd of hideous evils beneath which this country was
groaning.
Mr. O'Connell, from the outset, had determined that what-
ever might happen, the charge of servility should not attach to
him. That of corruption he never dreamed of the possibility of
incurring. To secure himself from the only one that could be
possible, he early adopted, and throughout his forensic career,
maintained the most entire and fearless independence in dealing
with the judges, as with all whose favour and good will could at
all be considered an object of importance to him. A practice
(according to all accounts, by no means obsolete in the present
day) then obtained, among a large proportion of the bar, of pay-
ing marked court to the attorneys, with a view of getting
business from them.
He, however, although ever disposed to treat, with due con-
sideration, that class of gentlemen — in Ireland so eminent for
talent and high respectability — rather erred on the side of
uncourteousness to them, while practising, than on the oppo-
site, through the same desire of maintaining his entire indepen-
dence. Against any violation of the Bench of the rights and
privileges of the bar, he was always bold and zealous, especially
in the cases of young and timid beginners at the profession, who
might be frightened by the brow-beating of a judge. In this
respect he was useful to several barristers, his juniors, amongst
others, to the late J. Martley, Esq., when he had been but a
short time at his profession.
This incident took place some years later than that at which
we are arrived in this memoir ; but neither with reference to
this, or the other anecdotes here inserted, have we thought it
necessary to observe the strict order of occurrence, but rather
to note them down as they arose to memory.
Mr. Martley had risen, in the Court of Common Pleas, to
make his first motion, and, naturally enough, showed some
signs of timidity and hesitation. The late Judge Johnson, who
was one of the judges before whom he had thus presented him-
DANIEL O'CONNELL, ESQ., M.P. 159
self, appeared to listen to him with considerable impatience and
ill-humour, and two or three times interrupted him unnecessarily
and very ungraciously. In this he was seconded violently by
Lord Norbury, and the result was, that the young man, though
possessing first-rate talent, became still more confused and
embarrassed, and seemed in a fair way to be entirely put down
and silenced.
At this moment the subject of our memoir entered the court,
and briefly gathering the particulars of what had occurred,
instantly addressed himself to several members of the inner bar,
and urged them to interfere. One and all they declined, on
various pretexts ; and seeing that he could obtain no help from
those whose higher professional rank might be expected to give
more weight with the judges, to a remonstrance against their
conduct, he determined, at all hazards, to interfere himself.
Accordingly he rose, and at once addressed the bench : —
" My lords, I submit to your lordships, that Mr. Martley is
entitled to be fully heard. He has a duty to discharge to his
client ; and it is not fair or right that he should be impeded in
the discharge of that duty. I have not the pleasure of knowing
Mr. Martley ; but I cannot sit quietly by, and see a brother
barrister treated in this manner."
" Oh, Mr. O'Connell, we have heard Mr. Martley," said
Lord Norbury ; " and we cannot have the time of the court any
longer wasted."
" Pardon me, my lord, you have not heard him. The young
gentleman has not been allowed to explain his case ; which, I
am quite sure, he is perfectly competent to do, if he be allowed
the opportunity."
" Mr. O'Connell," said Judge Johnson, with considerable
austerity of tone and manner ; " are you engaged in this case,
that you presume to interfere ?"
" No, my lord, I am not; but I stand up here for the privi-
leges of the bar ; and I will not submit to see them violated,
either in my own person, or in that of any other member of the
profession "
" Well, well — well, well," rejoined Lord Norbury ; " we'll
hear Mr. Martley, we'll hear Mr. Martley ; sit down, Mr.
O'Connell."
160 MEMOIR AND SPEECHES OF
The command was of course at once obeyed, the desired point
being carried ; and Mr, Martley, getting fair play, stated his
case so ably, that his motion was at once granted.
From this first opportunity he rose, in after years, to consi-
derable business in his profession, and died, a few years ago, a
Queen's Counsel, and Assistant-Barrister for the East Riding of
the county of Cork. Throughout his life he retained a lively
sense of Mr. O'Connell's services upon this occasion.
There is a story relative to his conduct in the case of the late
Sir William M'Mahon, Master of the Rolls, which will appro-
priately come in here.
For the first circuits after that gentleman had been called to
the bar, he appeared unknown to every one, and several of the
leaders of the circuit had, on various occasions treated him with
marked slight. Mr. O'Connell's conduct was very different.
Of Mr. M'Mahon, (as of course he was then,) or his family, he
knew nothing ; nor was there private, as of course there was no
professional reason why he should affect his acquaintance ; but
he saw a modest, unoffending young man, wantonly ill-treated,
and, as it were, put in Coventry, for no fault but, perhaps, want
of sufficient assurance ; and he exerted himself, as far as lay
in his power, to encourage the young man, and procure him
proper consideration. Suddenly the conduct which had been
generally observed towards the latter upon the circuit became
altered. Where, before, civil contempt was the only feeling
manifested, a desire of paying marked attention began to be
displayed, which would have been very astonishing, were not the
cause easily traceable. It was this : — Colonel M'Mahon's
intimacy with the Prince Regent had recently attracted con-
siderable attention from the occurrence, of several instances,
which showed that his advantages were not limited to the honour of
beino" intimate with one who was a king in power, though not in
name. At once the perspective opened on men's minds, of the good
thino-s in store for his brother at the bar; as also of what might fall
to the lot of those who should chance to get into favour with the
latter. Accordingly, he who had been hitherto neglected, and
almost insulted, speedilyfound himself the object of pressing atten-
tions at the hands of the very men who had before slighted
him.
DANIEL O'CONNELL, ESQ., M.P. 161
This change of his estimation, in the minds of his professional
brethren, was first most distinctly manifested during the
circuit of The Munster bar (to which he belonged)
were attending the Limerick assizes of that circuit, when
Mr. O'Connell, who had been detained late in court, entered the
mess-room a few minutes before dinner was served, and
approached a group near the fire. To his astonishment, he
found a pair of slippers placed there within the fender, and
apparently carefully watched by several of those who stood near.
Rather indignantly asking on whose account this breach of the
common decencies of a dining-room was committed, a leader of
the circuit cried out to him not to touch them, that they belonged
to Mr. M'Mahon. This answer by no means appeased him;
and, pushing the offending slippers away with his foot, he desired
the mess-waiter to remove them at once.
At this moment Mr. M'Mahon himself entered the room, and
Mr. O'Connell going up to him, mentioned what had occurred;
adding, that " Mr. M'Mahon might judge from his (Mr. O'Con-
nell's) constant bearing towards him, when those who were fawn-
ing now had been utterly neglectful of him, that there was no
intention to offer a wanton offence, in causing the slippers to be
removed." Mr. M'Mahon at once declared that Mr. O'Connell
had acted perfectly right ; and expressed his regret at the origin
of the affair.
While touching on a few events of the legal career of the
subject of this sketch, another anecdote of a different, and of a
ludicrous character, will give an idea of his success in the defence
of prisoners : —
It had fallen to his lot, at an assizes in Cork, to be retained
for a man on trial for an aggravated case of highway robbery.
By an able cross-examination he was enabled to procure the man's
acquittal. The following year, at the assizes for the same town,
he found himself again retained for the same individual, then in
trial for a burglary, committed with great violence, very little
short of a deliberate attempt to murder. On this occasion, the
result of Mr. O'Connell's efforts was a disagreement of the jury ;
and, therefore, no verdict. The government witnesses having
been entirely discredited during the cross-examination, the case
was pursued no farther, and the prisoner was discharged.
M
162 MEMOIR AND SPEECHES OF
Again, the succeeding year, he was found in the crimina.
dock ; this time on a charge of piracy ! He had run away with
a collier brig, and having found means of disposing of a portion
of her cargo, and afterwards supplying himself with some arms,
he had actually commenced cruising on his own account, levying
contributions from such vessels as he chanced to fall in with.
Having " caught a Tartar," while engaged in this profitable
occupation, he was brought into Cove, and thence sent up to
Cork to stand his trial for " piracy on the high seas."
Again Mr. O'Connell saved him, by demurring to the juris-
diction of the court — the offence having been committed within
the jurisdiction of the admiralty, and, therefore, cognizable only
before an admiralty court.
When the fellow saw his successful counsel passing the dock
where he stood to leave the place, he stretched over to speak to
him, and, raising his eyes and hands most piously and fervently to
, heaven, he cried out — " Oh, may the Lord spare you — to me /"
Believing that our readers will pardon the digression, if so it
can be called, which we have made, we now return to our col-
lection of speeches.
At a meeting of the gentlemen of the bar, held on Saturday,
May 30, 1812, Mr. O'Connell delivered the following speech, as
reported in t\ie Dublin Everting Post of Thursday, June 4,1812: —
" He said that having had the honour of being called to the chair at
the small meeting of the bar which had occurred in the vacation, he
felt it to be his duty to state the object of those who called that
meeting, and had adjourned to the present day for the convenience
of the bar at large. The facts were, simply and without comment,
these : — Shortly after the last circuit, Mr. Verner Moore had pub-
lished, in the newspapers, a statement purporting to detail a
transaction which he asserted to have occurred at the last assizes of
Omagh. It purported, as far as it went, to be the report of a trial
that had taken place in the public com't-house, as personally
interested Mr. Moore ; it was addressed to the Irish bar, and for the
truth of the statement, Mr. Moore solemnly pledged himself. It
appears that, shortly after, the benchers, as they are called, of the
King's Inns, had a meeting ; they summoned Mr. Moore before
them ; they required to know if he were the author of the publication
in question ; be admitted the fact — he went further — he admitted that
DANIEL O CONNELL, ESQ., M.P. 163
the mode of publication of his complaint, in a newspaper, was an
improper one ; but he again repeated his solemn assertion of the
truth of what he had published, and offered to prove, beyond any
doubt, its perfect accuracy. He was then dismissed ; and the
benchers who had, before his personal examination, deliberated in
private, resumed their private sittings, and the result was, a vote
of the severest censure on Mr. Moore ; and another vote, that the
censure should be read publicly in all the courts, on the first day of
the present term. Such were the facts. It stood thus : — Mr. Moore
had published a report of a trial, or part of a trial ; if what he stated
was true, misconduct of no ordinary kind was attributable to one of
the benchers in the exercise of his public duty.
*' The bench, including the personage thus accused, meet. They do
not investigate the facts ; they are incompetent to investigate any
facts ; their meeting is held in secret, and they inflict punishment for
the publication of that which they do not accuse to be a falsehood.
Upon this subject he would not, for the present, give any opinion ;
although he should be sorry any one supposed he had not formed a
distinct opinion on it. But he would, for the present, concede that
Mr. Moore was guilty of some offence that deserved punishment.
The question was, whether the benchers had any jurisdiction over
the offence. It was a question of great importance to the bar in
every point of view. Their property, their characters, their honour,
were all involved in its consideration. No man could well consider
himself safe in his professional pursuits, if any body of men assem-
bled in a private chamber, without power to administer an oath, or
examine into a disputed fact ; without form of indictment or mode of
pleading ; without allowing the advantage of counsel, or showing the
groiinds of decision, were entitled to vote away the profession and
the reputation of the Irish gentlemen who belong to the bar. These
were alarming considerations ; he was ready to admit the respectabi-
lity of the persons who composed this secret tribunal ; it was not
against the individuals he complained, it was against the existence
of the thing itself. He could not see any, the least necessity for its
existence. The Jx'ish bar composed, he was convinced, the first
profession in the world ; it required no inquisitorial power to keep
it within the bounds of the strictest propriety — nay, it possessed the
most certain method of repressing misconduct amongst its own
members, by the moral force of its own high character. The man
who conducted himself in a manner unbecoming a gentleman would
shrink abashed from their society, or, if he haunted the hall, he
\
164 MEMOIR AND SPEECHES OF
would be seen to glide through it despised and unnoticed, and
solitary in the midst of a crowd ; and if greater delinquency should
be found, it would meet with exclusion and expulsion from the entii'e
society, who were alone capable to exclude, but who could never
conspire against an individual. This inquisitorial power could not
be necessary for the protection of the judges ; it was ludicrous to
suppose that it could ; the judges were armed with abundant power
for their own protection — they could commit to the dock, they could
force, they could imprison at their own discretion, almost at their
caprice, for the slightest disrespect. All these powers existed, and
were I'ecognized by the law ; nay more, they were all absolutely ne-
cessaiy for the due administration of justice. To diminish any one of
them would be to render it diificult, perhaps impossible to do justice
effectually between angry litigants ; but those powers have been, by
experience, found amply sufficient for that purpose. When, how-
ever, there is added to this, the natural effect which the disfavour of
the judge must have upon the success of any individual barrister, it
would be seen at once how luinecessary further securities were ;
there was even danger of the other extreme and servility to the
bench, to which poor human nature afforded so many temptations,
could be guarded against only by the high-mindedness of educated
gentlemen, who rather condescended to belong to a profession, than
to be the slaves of its emoluments. Without the independence produced
by this spirit, it would be impossible to be honest as an advocate ; for
that advocate is not honest who, for his own sake, shrinks from the
manly assertion of his client's rights, whatever may chance to be the
impressions of the bench against it ; but at the Irish bar, where the
very soul of honour was to be found, there was no danger of any tone
being adopted but that which would dignify individuals and exalt a
profession. It may, perhaps, be said, that although it is clear that
the judges had sufficient means of making their authority respected
in court, yet, that they wanted further grounds for contempts com-
mitted out of court, and the case of publication of a false and libellous
account of a trial might be sustained. But this he was ready to deny,
because there existed already abundant means of punishment for such
contempts. There were attachments, informations, ex-officio or by
rule of court, indictments, and actions.
" Now, for example, this Mr. Moore might have been proceeded
against in any of these ways if his publication were false. To an
action he was liable, but there the truth would be a justification. An
attachment or an information, by rule of court, might be obtained
DANIEL O'CONNELL, ESQ., M.P, 165
against him ; but then an affidavit must be made of the falsehood of
his statement, and he who swore the affidavit might be prosecuted in
his turn ; so the information ex-officio, render truth or falsehood,
immaterial ; but in a case of this kind, a jury would, in law, as
well as in fact, be bound to acquit, if the publication where proved to
be an unexaggerated statem^ent of what had occurred at the former
trial. It only remains then to see whether any person will be found
sufficiently enough to deny, that this tribunal, called the benchers,
was calculated to punish for the publication of the truth — of the
truth of what occurred in the presence of the public — in a public
court — at a public trial. It would be grossly to calumniate the
respectable personages who composed that body, to assert that such
was the jurisdiction they sought to exercise. It was important first to
consider of the necessity of this species of tribunal before any
discussion arose as to the legality of its jurisdiction ; because if it
could be shown to him that such a jurisdiction was necessary for
either the honour of the judges, or the convenience of the suitors, he
should not be very scrupulous in investigating its origin, on the
foundation of its authority. But being deeply impressed with the
conviction, that the contrary was the fact — that this tribunal was
unnecessary — that, of itself, and placed in the hands of the best of men,
it was unconstitutional and dangerous — that its immediate effect
must be to crush the spirit and independence of the bar, and to convert
an honourable and liberal profession into mere retailers of chicane, and
servile slaves of authority. "With this impi-ession upon his mind, he
must solemnly protest against every exercise of power by this
tribunal, even against a guilty individual, and conjure the bar, at
once to ascertain 'their rights, and to trace the limits of this juris-
diction, so that it may be either ascertained to be a mere usurpation, or
if it have a legal existence, that parliament may be resorted to for its
abolition. For his part, he had given the subject all the attention in
his power ; he had investigated all the sources of information on
this subject, and he had convinced himself, that the benchers of the
King's Inns had no legitimate authority over the Irish bar. As
a legal or corporate body, it was clear, upon their own confession,
that they had no existence. In the late case which they had
instituted in Chancery against a Mr. Caldbeck, an objection was
taken to their legal capacity to sue ; to this objection they had
submitted, and their incapacity to exercise corporate functions was,
therefore, matter of record. Prescriptive rights they could claim
none ; their history was modern and well known ; charter they had
166 MEMOIR AND SPEECHES OF
at present none ; about sixteen years ago they obtained one, with an
act of parliament to confirm it ; but this act, which had passed sub
silentio, having been discovered, the bar remonstrated, and in the
ensuing sessions the statute and charter were repealed. Such was
the short history of this formidable tribunal ; it had no chartered
rights, no powers by statute, no claim to prescriptive authority. It
was, indeed, mentioned in two or more statutes, but merely to qualify
it to take land for the purposes of buildings. Statutes that, so far from
admitting its general corporate capacity, were direct evidence that
none such was in existence.
" But he might be told, that although the foundation of its authority
could not be clearly ascertained, yet that facts proved its existence ;
and, in the absence of argument, precedents might be resorted to, a
thing not unusual. There were, indeed, four instances of interference
by the benchers with the bar ; four instances in which men had
been struck out of the barristers' roll upon their recommendation.
In the two first, the cases of School and Brody, the profession had
been disgraced by the commission of the crime, he believed, of
perjury. The indignant Ii'ish bar rejoiced at the expulsion of such
men, and cared little by whom they were kicked out of the hall.
The other two instances were those of Messrs. Arthur O'Connor and
Thomas Addis Emmett. Those gentlemen had, in the year 1799,
been, upon a similar recommendation, disbarred. But it should be
recollected that they first stood convicted, upon their own confession,
of being traitors — that they had forfeited their lives to the laws, and
had actually, upon an agreement with government, submitted to
perpetual banishment. When he spoke of the crimes of those
gentlemen, he could not but express the regret he felt at mentioning
the name of one of them, with whom he had once the pleasure to be
personally acquainted. Whatever might have been the political
crimes of Mr. Emmett, those who knew him were bound to say, that
a more worthy gentleman, in private life, never lived. But having
abjured the realm, the benchers exercised the superfluous loyalty of
getting them excluded from the list of Irish barristers. No person
was interested to inquire into the authority by which so immaterial a
result had been produced. Such are the precedents — the only
precedents that can be alleged. What do they prove ? Just nothing.
But, perhaps, I am mistaken ; perhaps this jux'isdiction does exist ;
you may not be willing, and you ought not to submit to act upon my
researches ; yet I hope I have said enough to convince you, that an
inquiry ought to be instituted, and that every man at the Irish bar
DANIEL O'CONNELL, ESQ., M.P. 167
may know, upon what footing the preservation of his professional
property and personal honour stands. This inquiry should be con-
ducted in the most respected manner ; no offence will be taken where
none is intended ; we would be bound to make the inquiry at every risk ;
but, in truth, the benchers themselves are ready to concede much to
the general feeling of the bar. To this feeling they have already
sacrificed the resolution to publish their censure of Mr. Moore. If
the bar declares its conviction that no such inquisitorial authority
does, in point of law, and that none such, in point of fact,
ought to exist, we shall never again hear of the cause of our present
alarm.
" Mr. O'Connell moved, ' that a committee, consisting of three of
the gentlemen of the bar, be appointed to ascertain the [authority of
the benchers, either to censure or disbar a barrister.' "
The benchers not only gave no redress in the matter dwelt
upon in the foregoing speech, but were guilty of the additional
arrogance and injustice of not paying even so much attention to
the bar-remonstrance, as to acknowledge having received it.*
We are now come to the first general manifestation of feeling
on the part of the Catholics, upon the disappointment of their
hopes, after the assassination of Mr. Perceval. The extent and
nature of that disappointment will be best gathered from Mr.
O'Connell's speech. It was at this meeting that the resolutions
were passed, known in the records of Catholic agitation as the
" xoitchery" resolutions. In the third resolution of the statement
we give of them, will be found the allusion that supplied the
designation. It refers to the shameful entanglement of the
Prince Regent with Lady Hertford — an entanglement, by
means of which, influence was exerted over him to entirely
destroy what remnant of honour and good feeling there was yet
in his cold and selfish heart.
The allusion gave great offence, not only in the quarter for
which it was intended, but also to many of the timorous or
deceitful " friends," as they called themselves, but gracious
patrons, as they in fact assumed to be, of the Catholics. By
them it was strongly reprobated ; but the bold and singularly-
able compiler of these resolutions, Denis Scully, cared little for
* In the Appendix will be found a squib, relating to these occurrences, writ-
ten by Charles Phillips, and much circulated at the time.
168 MEMOIR AND SPEECHES OF
the offence, when seeking to give vent and expression to the
mortified and indignant feelings of himself and follows.
The Donoughmore family, then true to Ireland — as one of
them has again recently proved himself — were not amongst
those who disapproved of this semi-declaration of rupture with
the Prince Regent, and their approbation of it was an additional
reason for persisting.
The meeting took place at Fishamble-street Theatre, on
Thursday, June 18, 1812 — Lord Fingal, as usual, in the chair.
After some preliminary matters, Mr. Hussey rose, and gave an
account of the proceedings of the gentlemen who had been sent
to London on the part of the Catholics. He stated, that on
applying for a personal interview with his Royal Highness the
Prince Regent, they received a blunt refusal, and were informed
by Mr. Secretary Ryder, that the address to his Highness, with
which they were charged, should be presented at one of his
public levees, " in the usual way."
Of course there was no option but to submit ; and, accord-
ingly, the address was so presented, and received, too, " in the
usual way" of most addresses presented on such occasions, viz. :
the announcement of its purport and origin being all that was
allowed to be stated, and then the document itself being handed
over to the tender care and entire forgetfulness of one of the
lords in waiting.
" His Royal Highness," said Mr. Hussey, " was not pleased to
make any communication on the subject to the Committee.
What impression was made upon his mind was not known ; what
he felt, what he thought are left to conjecture (it was not long
left a matter of mere conjecture) ; but this melancholy fact is
sufficiently understood, that his Royal Highness did not think fit
to offer any recommendation to parliament upon the subject ;
and it is notorious, that the minister seemed to have acquired
new zeal in propagating his old insinuations against the Catholic
people, and in repeating his old experiment against religious
liberty."
Mr. Hussey went on to state, that a personal interview had,
indeed, been offered to the Earl of Fingal, in his right as a
peer; but that his lordship had conceived he ought not to avail
DANIEL O'CONNELL, ESQ., M.P. 169
"himself of the privilege, so as to have any interview, or occasion
for acting, without the full knowledge and co-operation of the
gentlemen v/ho had been appointed to accompany him on his
mission.
" Every artifice, (continued Mr. Hussey,) every hostility was
used by the administration and its adherents, against the
Catholic petition to parliament. The same cry was raised ivhich
gave them in England the value of popidarity at their outset; and
in every street loe were met hy placards from various debating
societies, that tlie question to be argued was, would not the
emancipating of the Catholics be attended with worse conse-
quences than the naturalization of the Jews ? Publications,
ivhich had lain dormant for hundreds of years, luere dragged
from their obscurity, and circulated tvith an anxiety -and industry
heretofore unknown; every calumny that could be throivn against
our tenets — everything against our priesthood — every libel, and
every lie, were marshalled against us I"
Are we recording a description of former times, or is it not
of our own? A ministry getting popularity " at their outset,"
by the no-popery cry ; " placards," (those of Exeter Hall),
inflaming the minds of the passers in the street ; " publications
that lay dormant for centuries (poor Peter Dens?) dragged
from their obscurity, and circulated with anxiety and industry ;'
" every calumny against our tenets — everything against our
priesthood," (' virgin-worship, surpliced ruffians, a demon priest-
hood,' &c., &c., see Times, passim,) " every libel and every lie,
(Sir Culling Eardly Smith, &c., &c., to wit,) marshalled
against us !"
Why, it is a description of what we have experienced in our
own time ; nay, it is a description of what we have experienced
at all times, and are doomed ever to experience at the hands of
Englishmen, until we deprive them of all power to interfere with
us, and render our country and ourselves independent of English
opinion, as of all else that is English.
Even at the risk of being accused of prolixity in our details,
we cannot refrain from noting another part of Mr. Hussey's
speech, in which he alludes to the conduct of the late Lord
Ross. The allusion has its relevancy now, as his son and
ITO MEMOIR AND SPEECHES OF
successor seems so desirous of taking every occasion of showing,
that what Mr. O'Connell has styled "the hereditary hostility
of the Parsons' family to Ireland," has been transmitted down
to him as venemous and vicious as ever.
" I wish," said Mr. Hussey, " to mention a circumstance
relating to a member of the House of Lords, which will excite
the most lively feelings of indignation in the breast of every Irish-
man. On the evening when 3Ir. Perceval was assassinated in
the lobby of the House of Commons, Lord Ross (better known
as Sir Lawrence Parsons) was in his place with the peers ; and
when the information of that horrid deed was brought to that
house, what did his lordship say ? He addressed himself to
the peers of the opposition, and exclaimed — ' You see, my
lords, the consequence of your agitating the question of Catholic
Emancipation.' "
After a just tribute to the kindness and exertions of the Duke
of Sussex, Lord Donoughmore, and Mr. Grattan, who had
received the delegates most encouragingly, and aided them to
the utmost of their power, Mr. Hussey sat down amid cheers,
and a vote of thanks was passed unanimously to him and to his
colleagues. Some of them having returned thanks, and Mr.
O' Gorman having made a report of the transactions of the Catho-
lic Committee during the preceding ten or eleven months, Mr.
O'Connell came forward to submit to the meeting the resolu-
tions we have before mentioned, and which we give here in
full detail and form, as afterwards published in the news-
papers.
" At an aggregate meeting of the Catholics of Ireland, held in the
Theatre, Fishamble-street, on the 18th of June, 1812 — the Right
Hon. the Earl of Fingal in the chair —
" It was moved bv Counsellor Finn, and seconded by Major Brian, ' that
Thomas Dromgoole, Esq., M.D., be now appointed Secretary to the Catholics
of Ireland.'
" The above resolution passed unanimously.
' ' The following resolutions having been then moved by Lord Killeen, and
seconded by the Hon. Mr. Barnwall, were carried unanimously : —
*' 1 . Resolved — That we do forthwith renew our humble but earnest applica-
tion, by petition, to the legislature, praying the total and unqualified rei>eal of
the pensd laws which aggrieve the Catholics of those realms — infringe the
DANIEL O'CONNELL, ESQ., M.P. 171
sacred rights of religious liberty — and endanger the existence of the British
empire.
" 2. That the charge of preparing such petitions, and of causing them to be
duly presented, without delay, be confided to the individuals (possessing the
confidence of the Catholics of Ireland) named at the last aggregate meeting, as
the Board of the Catholics of Ireland.
" 3. That the said persons are so nominated, not to represent the people of
those realms, or any portion thereof, but for the purposes, solely and exclu-
sively, already prescribed, and for no other purpose whatsoever.
' ' 4. That from authentic documents now before us, we learn with deep dis-
appointment and anguish, how cruelly the promised boon of Catholic freedom
has been intercepted, by the fatal witchery of an unworthy secret influence,
hostile to our fairest hopes, spurning alike the sanctions of public and private
virtue, the demands of personal gratitude, and the sacred obligations of plighted
honour.
"5. That to this impure source we trace, but too distinctly, our afficted
hopes and protracted servitude — the arrogant invasion of the undoubted right
of petitioning — the acrimony of illegal state prosecutions — the surrender of
Ireland to prolonged oppression and insult — and the many experiments, equally
pitiful and perilous, recently practised upon the habitual passiveness of an ill-
treated, but high-spirited people.
"6. That cheerless, indeed, would be our prosi)ects, and faint our hopes of
success, were they to rest upon the constancy of courtiers, or the pompous
patronage of men, who can coldly sacrifice the feelings and interest of millions,
at the shrine of perishable power ; or, deluded by the blandishments of a too-
luxurious court, can hazard the safety of a people, for iU-timed courtly com-
pliment. The pageants of a court command not our respect — our great cause
rests upon the immutable foundations of truth, and justice, and reason. Equal
constitutional rights, unconditional, unstipulated, unpurchased by dishonour,
are objects dear to our hearts. They consist with wisdom, virtue, humanity,
true religion, and unafiected honour ; and can never be abandoned by men who
deserve to be free.
" 7. That for the complete attainment of this, our constitutional object, we
firmly confide in our now persevering exertions, in the enlightened wisdom and
growing liberality of our fellow-citizens, (recently and gloriously exhibited in
their petitions to parliament in our behalf,) and, above all, in that over-ruling
Providence which presides over the destinies of nations, and permits not the
oppression of man, by his fellow-creatures, with impunity.
"8. That, turning with disgust from the gloomy wreck of public character,
presented in recent events, we recognize with esteem and admiration the truly
noble elevation of sentiment which has distinguished Lords Grey and Grenville,
and the;other personages who, with them, have stood aloof from the allurements
of intrigue, and maintained the high station of rigid independence. We regard
their recent conduct as dictated by sound wisdom, by well-founded caution,
and by an honest anxiety, as well for the secure attainment of great public
benefits, as for the conservation of their personal honour.
"9. That we have found, in the Earl of Donoughmore, a steady, earnest,
and intrepid advocate of our rights — an ever faithful sentinel of our interests —
an undaunted and judicious asserter of truths awfully important to our
country. That the Right Honourable Henry Grattan has eloquently sustained
our application in the House of Commons, and has again deserved our eternal
gratitude ; and that our chairman be requested to transmit these our sentiments
in suitable terms to all those illustrious personages.
" 10. That we have viewed, with inexpressible pleasure and admiration, the
generous exertions of our fellow-citizens, of other persuasions, in our behalf,
their solicitude in subscribing and recommending petitions to parhament for our
relief, their spontaneous support at pubUc meetings. We hope to merit their
172 MEMOIR AND SPEECHES OF
lionourable confidence by a continuance of the same temperate, but firm con-
duct, which has already conciliated their esteem ; and, though we cannot, in
sincerity, proffer those securities, or arrangements, (amounting, if practicable,
to the new exchange of one species of servitude for another), yet we must
cheerfully tender to their kind acceptance the only equivalent in our power,
our warm affections and lasting gratitude — our oaths of allegiance — our
past loyalty and merits — our present willingness to assist" (when by law
permitted) in the arduous enterprise of saving the sinking vessel of the
state.
"11. That from recent observation of political duplicity, we feel it necessary
to recommend most earnestly to all Catholic freeholders thoughout Ireland,
steadily to resist the pretensions of any candidates, who shall hesitate to pledge
themselves publicly to the uniform support of Catholic Emancipation ; or who
shall lend, or are likely to lend, their support to an administration, founded in
intolerance, and hostile to the full enjoyment of religious liberty.
' ' 12. That the expenses, unavoidably attendant upon the conduct of Catholic
jietitions, and the defence of the invaded rights of petitioning, call for the
liberal aid of our fellow countr3^men, and we confide to the public spirit and
zeal of the Catholic body, tliroughout every district, for ample pecuniary
support.
" 13. That these our resolutions be published in the public prints, four times
in four of the London newspapers, and six times in six of the Dubhn news-
papers.
" 14. That the most cordial gratitude of the Catholics of Ireland is due to the
author of the ' Statement of the Penal Laws, ' lately published — a work in which
we recognize all the accuracy of great legal knowledge combined with the
classic elegance of the scholar, and the profound observation of the philoso-
pher.
" 15. That the Catholics of Ireland have beheld with sentiments of the
deepest gratitude, the exalted patriotism of his royal highness the Duke of
Sussex, manifested by his constitutional and enlightened support of the principles
of religious hberty.
" 16. That the warmest expressions of admiration and thanks are due, and "
hereby given to Counsellor Finlay, for the luminous and profoundly eloquent
speech delivered by him this day.
"17. That the Protestant gentlemen who have honoured our meeting this
day with their presence, are deserving of our warmest thanks.
"18. That the Catholic Board be requested to submit petitions to the
Catholics of Ireland, in aggregate meeting assembled this day fortnight, for
their adoption.
"19. That we do strongly and earnestly recommend it to the counties,
cities, and great towns in Ireland, again to accompany the Catholics of Ireland,
by local petitions, inasmuch as we consider the reiteration of an universal
application to the legislature as one of the most effectual means of success.
' ' 20. That the thanks of the Catholics of Ireland are due, and are hereby
given, to the noblemen and gentlemen deputed by our board to convey our
petition to parhament, and our address to the Prince Regent, for their faithful,
zealous, and honourable discharge of the trust reposed in them.
"21. That the warmest and most cordial thanks of this meeting are due,
and are hereby given, to the Earl of Fingal, for his highly dignified conduct in
the chair this day.
"FINGAL, Chairman.
"THOMAS UKOMGOOLE, m.d., Secretary."
These resolutions, after having been thus read by Mr.
DANIEL O'CONNELL, ESQ., M.P. 173
O'Connell, were moved by Lord Killeen, and seconded by Mr.
Barnewall.
A very able and excellent speech followed from John Finlay,
Esq., (at present Assistant-Barrister for Roscommon county),
to whom the cause was much indebted for powerful oratory and
useful exertions on many occasions.
The reference at the commencement of Mr. O'Connell's
speech, which we are about to give, is to the gentleman just
mentioned.
Mr. O'Connell — " I have, my lord, much to say, but I shall say
little : I cannot venture to detain you after my eloquent friend — after
the brilliant display you have just witnessed of the talents and power-
ful eloquence of my learned and excellent friend, Mr. Finlay. We
do, indeed, owe him much : I was about to regret that he was not a
Catholic, I was so pleased with him, and so anxious that we might
have the credit of such talents ; but when I consider, I think it is
better that matters should be as they are ; for it must gratify every
Catholic in Ireland to have Protestant talent such as his come forward
to grace and support our assemblies ; and it is a new source of uncon-
querable strength to our cause, to have Protestant and Catholic
equally ardent in the struggle in which we are engaged. His are
talents which ministerial corruption could not purchase, for they are
beyond all price.
" My duty calls upon me to address you ; I may be mistaken ; but
I consider it as ray duty — upon a subject, painful in itself, yet as
speaking upon it may be beneficial in its consequences, I will not
shrink from, nor decline it : I allude, my lord, to the public assertion
of some of the many pledges which his royal highness the Prince
Regent was graciously pleased to tender to the Catholics of Ireland,
before any part of the executive authority of the state had devolved
upon him.
" I shall state but a few of them : I do it without any breach of
confidence, or violating any honorary engagement, either expressed
or implied. Without egotism, perhaps I may say, that no person will
charge me with being guilty of either — and I defy my enemies, who
are mine only because they hate or oppress my poor country, to insi-
nuate the slightest doubt of the veracity of my assertions.
" I shall bring before the public, for the present, but four of those
pledges. I am sorry they were not formerly made generally public ;
for if they had, no man could have been so profligate as to advise the
174 MEMOIR AND SPEECHES OF
Prince to anything tending towards a violation of them, and much of
the anxiety and distrust which now distract the mind of the nation,
might have been spared and avoided.
" The first in rank, though not in order of time, is that communi-
cated to the Catholics of Ireland, by his Grace the Duke of Bedford.
He lives — my witness lives : what is said here will probably reach
him through the public papers ; and I caU upon him, publicly to con-
tradict anything I advance, which is not literally warranted by the
fact. Thus, then, do I state, that in 1806, about the commencement
of the Fox administration, when the Catholics, flushed with hope at
seeing their late advocates in power, were about to prepare petitions
to parliament, the ministry used many means to postpone that mea-
sure. At that period, and as one of those means, his Grace the Duke
of Bedford, then lord- lieutenant of Ireland, did communicate to the
Catholics of Ireland, the wish of his Royal Highness the Prince of
Wales, that the question should not then be agitated ; and at the same
time, his decided conviction of the justice of our claims, and his
decided resolution to admit them whenever he should have power to
do so.
" Perhaps I can state this pledge ; but I see persons before me to
whom this language was held ; and I am quite sure that the Duke of
Bedford would never, never have conveyed one idea on the subject, if
he had not his authority directly from the Prince.
" Secondly, my lord, we have had in the same year, the same pledge
repeated to many Catholics, by the Chancellor of Ireland, George
Ponsonby.
" The keeper of his Majesty's Irish conscience must be supposed to
have had a kind of reversionary solicitude for that of his Royal High-
ness, the heir apparent. Mr. Ponsonby does, I understand, distinctly
avow the authority under which he communicated to the Irish Catho-
lics, the promise of emancipation — when, in the fullness of time, he,
whom we then cherished as the early friend of Ireland, and the
proudest hope, should have it in his power to rouse the enthusiasm of
an elective people round his throne.
'' Good God ! what a prodigal waste has since been committed —
not of wealth, for that, comparatively, is no more than trash — but of
the cheerful and best defence of the monarch, the Irish people's love.
" The third pledge is a written one, and is in the possession of a
Catholic peer, not now present. I have not the honour to be sui[fi-
ciently known to the Earl of Kenmare, to have applied to him for it ;
but I entertained hopes of being able to procure it tlirough a friend
DANIEL O'CONNELL, ESQ., M.V. 175
of mine, and of his lordship. It is sufficient to say of that pledge,
that it aiforded for years consolation to the Irish Catholics ; and the
discretion with Avhich it was communicated, enhanced its value. I
believe, my lord, I need not state to you how little doubt it could
leave of the firm decision of the Prince's mind upon our question.
" The fourth and last pledge, which, for the present, I shall men-
tion, was that given by his Royal Highness to a noble lord now pre-
sent. At the conversation I allude to, that noble lord was accom-
panied by the late Lord Petre, and the present Lord Clifden. After
retiring from the presence of his Royal Highness, the declarations
which he was so graciously pleased to make, were from a loyal and
afiectionate impulse of gratitude, committed to writing, and signed by
the three noble lords.
"His Royal Highness did, I understand, offer something like an
apology, for not having taken an active part in promoting the success
of our petition, in 1805. He was pleased to say, that obvious motives
of delicacy restrained his interference on political subjects, but that
this delicacy was still more imperative on our question. However,
he desired it to be understood that he had formed his opinion upon
it, and would ever entertain them unaltered. They were, that con-
cession to the Irish Catholics were required, not only by reasons of
expediency and policy, but by the first principles of justice.
" I will not add — I must not add one word more on this subject.
These were the sentiments of his Royal Highness : we should have
proclaimed them last year, and no minister would have been found
sufficiently profligate to have disappointed our certain expectations of
immediate relief : nor has his Royal Highness, to this hour, by any
personal act of his — by any public declaration, or recommendation to
parliament, retracted any part of these sentiments. Let us, then,
fondly and respectfully hope that they are unaltered. Sure I am that
no base minion will venture to assert, that the air of Manchester-
square has infected the royal mind with simples, or that Lord Yar-
mouth has inoculated him with the theory or practice of excessive
piety.
" We may still hope. Hope, the last refuge of the wretched, is
left us ; and we lately indulged it almost with the pleasures of cer-
tainty: a crime, the horrid crime of causeless assassination, had
deprived England of her prime minister — for, my lord, everywhere
but in Ireland, assassination is admitted to be a crime. Here, also,
it depends on circumstances ; you have but to combine these circum-
stances. Let the victim be an Irish papist — let the murderer be an
176 MEMOIR AND SPEECHES OF
Orangeman — and let a legal junta administer the government in the
name of the Duke of Richmond. It requires no more to turn murder
into merit !
" The process in England is different. There they hanged and
dissected the murderer, and transferred the advantages of the crime,
if I may so express myself, to the victim ; it really and truly has
been considered a merit in Mr. Perceval to have been murdered.
The public men in England seem to think his death constituted not
only an expiation for all his political sins, but turned his offences
against his country into virtues.
" For my part, I feel unaffected horror at his fate, and all trace of
resentment for his crimes is obliterated. But I do not forget that he
was a narrow-minded bigot, a paltry statesman, and a bad minister —
that every species of public corruption and profligacy had in him a
flippant and pert advocate — that every advance towards reform or
economy, had in him a decided enemy — and that the liberties of the
people were an object of his derision.
" All this has not been changed by the hand of this assassin ; yet
I do, from my heart, participate in the grief and anguish which his
premature fall must have excited within his domestic circle. The
sorrows of his family have been obtruded on the public by ill-
judging party writers, with something • like ostentatious affectation;
but I do not love the man — nay, I hate the man who could contem-
plate, coldly and unmoved, the affecting spectacle of the wife and
children standing in speechless agony round the lifeless body of the
murdered husband and father ; it was a scene to make a stoic weep.
" But are all our feelings to be exhausted by the great ? Is there no
compassion for the wretched Irish widow, who lost her boy — her hope,
her support ? I shall never forget the pathetic and Irish simplicity with
which she told her tale of woe — ' My child was but seventeen ; he
left me on Sunday morning, quite well, and very merry, and he came
home a corpse.' Are her feelings to be despised and trampled on ?
Is the murderer of her son to remain unpunished, perhaps to be
rewarded ? Oh, yes ; for Byrne was a papist, and the assassin, Hall,
was an Orangeman, nay, a purple marksman ; and, recollect, that his
Grace the Duke of Richmond did not pardon him until after a most
fair and patient trial. Hall was defended by his counsel and attor.
ney; he was tried by a jury of his own selection — I say of his own
selection — because he exhausted but few of his peremptory chal-
lenges ; nobody, indeed, would think of accusing honest Sheriff
James of packing a jury against an Orangeman. Even had the list
DANIEL O'CONNELL, ESQ., M.P. 177
been previously submitted to the secretary at the Castle, he would
not have altered a single name ; Sir Charles Saxton might have
reviewed it with perfect safety to the prisoner.
" After a patient trial, and a full defence, Hall was convicted ;
he was convicted before a judge, certainly not unfavourable to the
prisoner; he was convicted of having murdered, with the arms
entrusted to him for the defence of the public peace, and in the pub-
lic streets of your city, and in the open day, an innocent and unof-
fending youth. He has been pardoned and set at large — perhaps he
has been rewarded ; but can this be done with impunity ? is there no
vengeance for the blood of the widow's son ? Alas ! I am not, I
trust, inclined to superstition, yet it obtruded itself on my mind, that
the head of that government which had allowed the blood of Byrne
to flow unrequited, might have vindicated the notion of a providen-
tial visitation for the unpunished crime.
" My lord, I have digressed : I meant to speak of Perceval's
removal by the assassin, merely as that tragic event opened a near
prospect of our emancipation : we should have been emancipated.
At the moment I am sjieaking, the bill for our relief would have been
in its progress through the legislature — we should have been emanci-
pated this very sessions, unconditionally and completely emancipated ;
but for what ? — I speak it in no anger, but in the deepest sorrow —
but for Lord Moira.
"Lord Moira is a name that I have never before pronounced
without enthusiasm ; I am quite aware of his high honour, his
unbounded generosity, his chivalrous spirit ; his heart has ever been
without fear, his intentions have ever been, and will ever be, without
reproach ; Ireland was justly proud of him ; where could his fellow
be met with ? In the disastrous period that preceded the Union — at
the time that measure was in preparation — when Foster and Clare
banished Abercrombie from Ireland, because he was humane — when
murders marked the day, and the burning cottages of the peasantry
illumined the darkness of the night — when affright and desolation
stalked through the land — when it was a crime to love Ireland, and
death to defend her ; at that awful moment, Moira, the good, the
great Moira, threw himself between his country and her perse-
cutors; he exposed their crimes; he denounced their horrors; he
proclaimed and proved their guilt ; and, although they were too
powerful to be beaten down by him, he has left his country
the sad consolation of beholding a perpetual record of the infamy of
her oppressors.
N
178 MEMOIR AND SPEECHES OF
" Good God ! if his advice had been taken in 1797, what innocent
blood would have been spared ; how many ci'uel oppressors would
have been punished ! and oh ! our country would still have a name,
and be a nation.
" Can these services be forgotten — can these virtues be unremem-
bered? No, never ; but still the truth must be told. This is Lord
3Ioira's administration. He it was that stood between some worth-
less minions and the people's hopes. He had to choose between them ;
and he has given his protection, not to Ireland or the Catholics, but
to Lord Yarmouth and his family. It is now confessed that a single
word from Lord Moira would have dismissed the minions, and placed
Earl Grey and Lord Grenville at the head of affairs. Why was not
that fated word pronounced ? Alas ! I know not. Full sure,
however, I am, that the intention which restrained it was pure and
honovirable ; but I, at the same time, feel its fatal effects. We are,
my lord, to continue slaves, because Lord Moira indulged some
chivalrous notions of courtly romance !
" It may be said, that as Lord Moira has interfered, the Catholics
may reasonably expect some relief. Let us not be deceived. From
the present ministry we cannot expect anything. Our best and
boldest advocate, Lord Donoughmore, has, in his manly reply to our
address, offered the best advice that ever was given to the Catholic people
of Ireland. He has suggested the gi'ounds of caution and jealousy.
We know his devotion to our cause ; but this last proof of his zeal and
vigorous integrity, has rendered it impossible that we should ever
be sufficiently grateful. I am proud that your resolutions re-echo his
sentiments.
" But, in sober sadness, in whom are we to confide ? Are we to
believe the word of Castlereagh ? My lord, I would not believe his
oath. Already has he been deeply pledged. He was an United
Irishman, and as such, must have taken their test. It was then
administered, I believe, without the ceremonies of an oath, but it had
all the solemnity of that obligation. It pledged him to Catholic
Emancipation and Parliamentary Reform. Again, my lord, upon
the hustings of the Down election, he was called upon, and he
volunteered a similar declaration. It was a bond, solemnly given to
liis constituents and his country. But how has he redeemed those
pledges ? Why, he has emancipated the Catholics by duping some
of them at the Union, and uniformly voting upon every question
against us ; and he has reformed the parliament by selling it to the
British minislcr. May this Walcheren minister be suitably rewarded
DANIEL O'CONNELL, ESQ., M.P. 179
in the execration of his country ; and may he have engraved on his
tomb for an epitaph —
" • Vehdidit hie auro patriam.'
" No, my lord, from us Castlereagh can obtain no confidence, not
can his colleague, Lord Sidmouth, expect that the friends of toleration
can confide in his promises. Lord Sidmouth, who declared to
parliament that he would prefer the re-enactment of the penal code
to the extension of one other privilege to the Catholics ; Lord
Sidmouth, who began his absurd career of persecution with the
Dissenters in England ; that Lord Sidmouth (liberal and enlightened
gentleman) has been selected for the home department ; he it is
who is to regulate the motions of our provincial government ; he it
is that is to cheer the drooping spirit of persecution in this country;
his natural allies are embodied here ; the group of ' good men,' as
they fantastically designate themselves, who manage the legal admi-
nistration of this country ; men who have worked themselves into
reputation with ancient maidens and decayed matrons, by gravity of
deportment and church-wardening piety, but who, all their lives,
have been discounting religion and the Deity into promotion and the
pay and plunder of oflice — those men, together with our friend (the
Solicitor General), have a suitable companion in Lord Sidmouth, and
we should, instead of concessions, be prepared rather to expect some
other persecution, grounded, if possible, upon a pretext still more
absurd than that ' pretence means purpose ;' that assertion, which I
defy an honest man, however credulous, to believe.
" From this ministry we expect nothing ; let us be on our guard,
and cautiously watch their progress. As Lord Moira has been their
patron, they will endeavour to deceive him with a show of conces-
sion ; but their object is to give a change to the question. In its
present shape it presses upon them with all the force of present
expediency, and all the weight of eternal justice. If they could
entrap us into collateral discussions ; if they could entangle us in the
chicanery of arrangements and securities, the public attention would
be distracted and turned from the principal object ; time would be
wasted in useless discussions ; animosities would be created upon
points of little real importance, and whilst the ministry practised the
refinements of bigotry, they would give themselves credit for un-
bounded liberality.
" These are not imaginary fears ; the nature of the subject
must convince any man, that such was the design of an adminis-
180 - MEMOIR AND SPEECHES OF
tration that had, for its only recommendations, intolerance and
incapacity.
" Indeed, the indiscretion of the party already betrayed itself. It
is not twenty-four hours since a friend of mine had occasion to converse
with one of those right honourables, who did the business of the
Castle, who are always as ready to pack juries as to obtain pardon
for an assassin, or to write paragraphs in the Patriot. My friend
said, ' Why, you are going, I find, to emancipate the Catholics at
length.' ' We !' replied the other. ' Oh, no ! Canning's motion will
entangle the rascals completely ; we shall easily get rid of them
without committing ourselves.'
" Of those men. Lord Donoughmore has advised us to be distrust-
ful. I beg leave to say more. Let us utterly disbelieve them. It
is impossible that they can do anything for us ; they would be false
to themselves if they were true to Ireland. But we are not without
our resources ; we have them in ourselves ; we have them in the
liberality of our Irish. Protestant brethren ; we have them in the
support of such men as the all-accomplished Vernon, son to the
Archbishop of York — as the honest and independent Robert Shaw.
We have also a rich resource in the eternal ridicule with which
bigotry has lately covered itself in the persons of its chosen apostles,
Paddy Duignan and Jack GiiFard ; but, above all, we are strong in
the justice of our cause, and in the unextinguishable right of man, in
every soil and climate, to unlimited liberty of conscience. Let us,
however, expect nothing from the mere patronage of courts and
ministers. The advice given by a noble advocate of ours, to other
slaves, in a poem, that, it is impossible to read without delight, is not
inapplicable to our situation : —
" ' Hereditary bondsmen ! know ye not,
Who would be free, themselves must strike the blow —
By their right arms, the conquest must be wrought ;
AVill Gaul or Muscovite redress you ? — No.
True, they may lay your proud despoilers low,
But not for you will freedom's altar flame.
Shades of the Helots — triumph o'er your foe —
Greece change thy lords, thy state is still the same.
Thy glories all are o'er, but not thy years of shame.'
"Yes, we must, after all, look to ourselves — to a perseverance in a
course of temperate, but firm exertion — to that blow which we can
strike on Prejudice by the force of Reason, and the unceasing exhi-
bition of our meritorious conduct.
" It is true, that after common sense has overthrown every pretence,
DANIEL O'CONNELL, ESQ., M.P. 181
that there is anytliing in the Catholic Religion hostile to loyalty or
liberty ; another ground has been long since taken, and from time to
time revived, by the unhappy dulness of one pedant or the other.
It consists in an admission that the Catholic religion is quite inno-
cent, and even laudable in other countries ; but that it acquires
malignity fix)m the soil on its transplantation into Ireland. In short,
that other papists are innocent or good ; but that Irish papists are
execrable.
" This precious doctrine has been dressed up anew, in sufficiently
bad English, and published in a pamphlet called ' a Speech,' by that
snug little Foster, who represents Trinity College in parliament. It
is added, too, with most admirable consistency, that the mass of the
Irish papists are quite indifferent to the question of Catholic Eman-
cipation. But see what the fact is. Look to the history of the last
six months for the contradiction of those vile assertions. Why, the
Protestants of Ireland had only to show their wish to relieve us —
they could do no more than express their inclination to set us free.
The Union depi'ived them of the power to give us liberty ; but they
declared it was our right, and they joined us in demanding it. What
followed ? Why, in the first place, a season of unexampled scarcity
and distress in both islands. In England there chanced to exist
tumult, riot, destruction of property, murder, insurrection, and almost
actual rebellion. In Ireland there was seen tranquillity the most
profound, obedience the most perfect; pressed by famine and want,
goaded by insulting prosecutions, by arranged juries, by the thou-
sand other wrongs which I shall not name, the people of Ireland
have found abundant consolation in the single liberality of their
countrymen, and they have shown their sense of this liberality
by dutiful and unbi'oken submission at those moments of the greatest
peril England has as yet known. Not a feather is ruffled on the sur-
face of our island. The Caravat and the Shanavest seem to have
forgotten their quarrels ; and every angry tone and turbulent
propensity is hushed by the presence of the spirit of universal
toleration.
" In the meantime, the precious hours for peace and conciliation ai-e
wasted — the genius of Napoleon, the star of his imperial house, pre-
vails. England, under the guidance of the venerated name of Moira,
has appointed an administration first rejected, and then approved by
parliament, for the appointment of which Napoleon would have given
millions. How he must rejoice to see the parliament degrade itself
by inconsit-teut votes — to see the Dissenters and Catholics insulted by
182
MEMOIR AND SPEECHES OF
the nomination of Lord Sidmouth to rule the Home Department — to
see Walcheren Castlereagh conducting our war counsels ; and, last and
wonderful, to see Lord Liverpool prime minister ! !
" My lord, securities are wanting ; they are wanting for the last
refuge of public liberty — the only remnant of representative
government in Europe ; they are wanting for the throne and
the people ; they are wanting against the folly, the incapacity,
the intolerance of the ministry — against the power and the talents of
the French Emperor. He, to be sure, is absent for a season — he is
gone to Petersburgh, to receive the submission of a vassal, or to
dethrone an enemy. It is absurd to expect any other result ; he will
return with his hundreds of thousands to the conquest of Spain and
Portugal. What can the unarmed bands of the one country, or our
few companies in the other (though braver spirits than our brothers
and kinsmen there never graced a field of fight) — what can they be
able to do, overmatched by myriads ? And then, my lord — and then,
in what condition shall those countries be found to fight the battle of
our existence ?
" It is to prepare for that dreadful moment, which is so steadily on
its progress, that all my anxieties are roused. I should fear it not,
if a system of conciliation and mutual tolerance were once adopted —
if justice were distributed by the hand of confiding generosity — if the
persecutions ceased, and that the persecutors were removed — if Grey
were prime minister, and Moira, then restored to the hearts of his
countrymen, were lord lieutenant. Every village would produce a
regiment, and every field serve for a redoubt. The Prince would
then be safe and glorious ; and the country, combined in its strength,
would laugh to scorn the power of every enemy.
" This is a vision ; but it might have been realized. And why
has this prospect been closed ? Why ! — to preserve the household !
Oh, most degrading recollection ! My feelings overpower me — I
must be silent."
The administration so severely commented upon was as
follows : —
First Lord of the Treasury, .
Chancellor of the Exchequer, .
President of the Council,
Home Secretary,
War and Colonial Secretary, .
Foreign Department,
President of the Board of Control,
Lord Chancellor, .
First Lord of the Admiralty, .
Privy Seal, ....
Ordnance
Lord Liverpool.
Right Hon. Nicholas Vansittart.
Lord Harrowby.
Lord Sidmouth.
Lord Bathurst.
Lord Castlereagh.
Earl of Buckinghamshire.
Earl of Eidon.
Lord Melville.
Earl of Westmoreland.
Lord Mulgrave.
DANIEL OCONNELL, ESQ., M.P. 183
In a newspaper, of a date of five or six weeks later, we find
the following : — " Mr. Robert Peel was introduced on Thursday
last to the Prince Regent, as secretary of state to the lord
lieutenant of Ireland."
On the 2nd of July, another aggregate meeting of the
Catholics took place, to agree upon a petition to be presented
in the ensuing session.
That some change had occurred in their prospects within
the brief interval since their preceding meeting, will be evident
from the extracts we are about to give from the newspaper
reports.
Lord Fingal, on, as usual, taking the chair, congratulated
the meeting on their case " being before parliament — under the
favourable consideration of the legislature, and certain of being
ultimately triumphant The bringing the Penal
Code under notice was ensuring success to the Catholic cause ;
because it was impossible to consider its provisions without
having the mind coerced to assent to its repeal. He did not
rejoice at their improved prospects because of any peculiar
benefit to himself; he did not rejoice at it as opening new hopes
and expectations to the friends he saw about him, or to those
who were now fighting the battles of England in Spain or Por-
tugal ; his gratification sprung from another source — from his
anticipation of seeing the whole empire feel, in security and
prosperity, the benefits of equal rights and undisturbed tran-
quillity."
His lordship was followed by Randal M'Donnell, who spoke
nearly in the same strain ; and strongly urged the necessity of
continued and increased exertion on the part of the Catholics
to back up the eflbrts of their friends in parliament.
He was followed by Mr. O'Connell, who is thus reported in
the Dublin Evening Pust of the 4th of July, 1812 : —
'* Mr. O'Connell commenced by paying some very appropriate
compliments to the merits and exertions of the secretary to the
Catholics of Ireland, Mr. Hay — a gentleman to whom we owed that
tribute, as well from feelings of private friendship as from motives of
public gratitude. Mr. Hay had devoted his life to the service
of the Irish people, and refused to receive any other recompense
184 MEMOIR AND SPEECHES OF
than what was to be found in the barren praises of his country-
men.
" After a panegyric on the public virtues of Mr. Hay, Mr.
O'Connell proceeded. He said the Catholics were assembled at the
most momentous period of their history. We have to contemplate a
novel scene — the parliament of the United Kingdom, after nearly
twelve years of neglect or rejection, had at length undertaken the
consideration of our great cause. One branch of the legislature, by
a triumphant majority, resolved to investigate the Penal Code of
Ireland, with a view to its repeal ; and, perhaps before this hour,
a similar resolution has been adopted by the House of Lords.
" The voice of the House of Commons was, at all events, certain.
In it the Irish people had a distinct pledge, that the question of their
freedom was to be taken into consideration, for the purpose of final
adjustment, at an early period of the next session. The House of
Commons was unequivocally pledged to some measure of Emancipa-
tion. The effect of this vote might perhaps be diminished, when it
was recollected that, during the present session, the same honourable
house had, more than once, rejected all inquiry ; but times were
altered, and we have now arrived at what appears to be the first
great step in the progress to complete religious liberty. The pre-
liminary to Emancipation is over ; and Emancipation itself, full and
entire, is the natural, if not the necessary consequence.
" Feeling, as I do, the great advance that has been made in this
national cause, I cannot avoid declaring that I am happy and proud
to concur with your lordship in all those sentiments of conciliation
and confidence which you have so powerfully recommended. I
rejoice, my lord, at our victory — not as the conquest of one party over
another, nor with the view to any triumph over any other denomina-
tion of my countrymen, but because I look upon it as a victory
obtained by the combined activity of aU classes of Irishmen over their
own prejudices, and over intolerance and ilhberality. It is that
species of victory that ought to endear the Irish Protestant to the
Irish Catholic, because it has been obtained for the benefit of the
latter — principally by the exertions of the former. It is doubly
dear, because it holds out the prospect of mutual conciliation and
mutual affection.
" I, too, my lord, am ready to confide — I am ready with you to
confide in the great and growing liberality of the British nation, in
the pledge of the honourable house, in the promised vote of the lords,
in the facility of the administration to abandon all former notions, and
DANIEL O'CONNELL, ESQ., M.P. 185
to comply witli the temper of the times. But let me conjure the
meeting to place its first and principal reliance in the determined
spirit and unaltei'able resolution to persevere until Emancipation
shall be complete, never to relax their efforts until religious freedom
is established.
" I may, without any allusion to its military import, which I dis-
like, remind my countrymen of the advice of Cromwell to his soldiers.
The night was wet, and they, as usual, were engaged in prayer.
' Confide,' said he, ' in the Lord — put all your trust and confidence in
the Lord — but be quite sure to sleep upon your matchlocks^
(Laughter and loud cheering.)
" Such, my lord, is the confidence we ought to entertain at present.
In truth, every circumstance suggests caution — and he knows little
of human nature who i-eposes with too implicit a belief upon the pro-
mises of any administration — and he has read history to little purpose
who does not doubt of the fair professions of newly-converted enemies.
It is for this that history is useful. Its lessons may be neglected, and
the consequence will be just what we see in the great afiairs of the
nation — distress, embarrassment, and permanent difiiculty, produced
by the miserable repetition of temporary expedients. The history of
the Irish Catholics warns us to be cautious how we shaU proceed.
Within the last twenty years there were no less than three different
periods at which the Catholics might have been emancipated, if a
combination of exertion had been used.
" Twenty years, however, have passed away, and we are still slaves.
My days — the blossom of my youth and the flower of my manhood
have been darkened by the dreariness of servitude. In this my
native land — in the land of my sires — I am degraded without fault or
crime, as an alien and an outcast. We do not, my lord, deserve this
treatment. We are stamped by the Creator with no inferiority ; and
man is guilty of injustice when he depi'ives us of our just station in
society. I despise him who can timidly and meanly acquiesce in the
injustice. Oh, let us at length seize this opportunity of abolishing
the oppression for ever.
" To avoid failure at present, let us see whether we can discover
how the Catholics failed before. The first occasion upon which,
within these last twenty years, the entire Emancipation might have
been obtained, was in the year 1 793. In that year great concessions
were certainly made — great boons were extorted from an adverse
and very unwilling government ; but the principle of servitude, and
many galling and insulting restrictions remained. And why were
186 MEMOIR AND SPEECHES OF
they suffered to remain ? Simply, because the Catholics were not
sufficiently combined amongst themselves, and sufficiently determined.
" I reproach none of the actors in the Catholic cause at that period ;
many names dear to freedom were amongst their popular leaders —
treachery there was, I am sure, none — deceit there was, I am con-
vinced, none ; but leaving, as they did, so many weighty chains and
oppressive restrictions, there certainly was a miserable failure of the
one great object — the simple repeal of the acts restrictive of religious
liberty. The Catholics, then, were supposed not to seek for the abo-
lition of every penal law ; they were supposed to be ready to consent
to something short of that great measure ; they were then, or had
lately been, much divided amongst themselves, and the result was,
that distraction in their counsels, and that dexterity in their enemies,
which have ever since postponed the day of freedom.
" The second occasion on which the Catholics might have been
emancipated was the Union — but at that period, also, the Catliolics
were much divided amongst themselves — the reign of Robesperian
terror still prevailed, and the voice of the Irish people was stifled.
We thought and acted differently upon this melancholy subject, and,
amidst the bitter anguish which the memory of my extinguished
country excites, I have consolations both personal and public. First,
because the opposition to the Union loas, {and I thank my God for
it,) thejirst act of my political life ; and, secondly, I feel some com-
fort that the Catholics did not barter the constitution of their native
land for advantages to themselves. I blame no person for the failure
of emancipation on that occasion ; on the contrary, I proudly rejoice
that the Catholics, even those of them who supported that baleful and
degrading measure, despised any idea of trafficking upon, or profiting
by, the miseries of Ireland.
" My lord, all the Catholics are free from the guilt of having parti-
cipated in the sale of their country ; and this benefit results, that
they are bound by no contract to continue their thraldom. Nay, the
existence of the penal code is soothed by the recollection, that in the
efforts made to procure redress, a popular spirit is roused, which, if
not soon laid by the voice of emancipation, may generate a
determination to reanimate the fallen constitution !
" The third, and last period, at which the Catholics might have
been emancipated, occurred since I had the honour to be an
humble labourer in the Catholic cause ; it was the commencement of
Mr. Fox's administration. The year preceding, Mr. Fox had most
powerfully supported our claims in the House of Commons ; he sup-
DAMEL O'CONNELL, ESQ., M.P. 187
ported them, not upon any narrow view of sect or party, but upon the
great principle of universal toleration — on that principle, which, in
our country, would repeal her test and corporations' act, and secure
the uncontrolled freedom of religious worship and belief, in every
climate, and to every cast and colour.
" I believe, my lord, you were present at the liberal and manly
declarations made by Mr.- Fox, at a meeting of our delegates, some
days previous to the introduction of our first petition to the imperial
parliament. — [Lord Fingal said he was not present at that meeting.]
Well, my lord, Mr. Scully certainly was ; we heard him say so no
later than yesterday ; and when I mention his name, I know I can
use no authority more likely to obtain the full belief and confidence
of the Irish people. (Loud cheers.) Mr. Scully was present as a
delegate at those declarations, when Mr. Fox proclaimed the restric-
tive code as a crime — religious liberty as a right. ' I cannot,' said
that enlightened man, ' I cannot consent to become your advocate,
unless you are ready to concede, to all other sects, the toleration you
require for yourselves.' ' We should be unworthy to obtain it, could
we hesitate to accede to your terms ; we would gladly bestow on all
mankind what we ask for ourselves,' was the reply.
" L^pon this avowed principle, in 1805, Mr. Fox supported the
claims of the Catholics : in 1806, that very Mr. Fox became minister.
What could have prevented that principle ftom being carried into
action ? The Catholics did not call for it ; a mistaken confidence
occasioned them to allow the only decisive moment to elapse ; they
did not press their claims. If I am asked the question, why? alas!
I cannot tell. I was, myself, one of the actors of the national drama,
and yet I am quite ignorant why it was that we did not then insist
upon the recent pledge being redeemed. I can only account for it by
drawing upon the unsuspecting credulity of the Irish heart. The
administration declared itself friendly, and we believed ; they made
professions, and they obtained confidence ; the noble generosity of the
Irish disposition could not bear to doubt where it entertained affec-
tion ; or, perhaps, the very novelty of the voice of kindness had its
charms. The Irish had been so long used to obloquy and harshness,
that they received as a boon, deserving of gratitude, the mere lan-
guage of conciliation. The result ^vas, that the favourable moment
of compelling that administration either to emancipate or to resign
was passed by, and our servitude continues to this hour.
" Let us profit by those lessons — from the errors of those periods ;
let our present conduct be free ; our course is plain and simple. It
188 MEMOIR AND SPEECHES OF
consists not in relaxing, but in redoubling our efforts — in pressing
forward again as a people should do who deserve liberty. Let us
enter into no collateral discussions, no dishonourable stipulations.
Under the banner of ' The Simple Repeal,' Ireland has already once
gloriously triumphed. It is a word of good omen. Perhaps she is
fated again to progress in the cause of her freedom, under the same
standard. ' The Simple Repeal' should be re-echoed from north to
south, from east to west ; and should we again fail, we shall, at least,
have the consolation to know, that we deserved success, and that the
failure cannot be attributed to us.
" But shall we fail ? Think you are we to owe our freedom to
Lord Castlereagh and to Lord Sidmouth? Let us, my lord, beware
of raising too high the expectations of the country. In such a people
as the Irish, the effects of disappointment may be terrific. They are
too apt to believe that which they wish. They are too prone to
rely ; and when the hour of political treachery has come ; when the
promised ' graces' are withdrawn from light, the sudden violence of
disappointed expectation is not likely to be controlled by the influence
of reason. Already we have seen the effects of blasting the hopes of
the Irish people. In the year 1794, Lord Fitzwilliam arrived in
Ireland, with conciliation and Emancipation in his train ; he pro-
claimed our freedom as at hand ; the Irish parliament sung respon-
sive ; there was not a dissentient voice ; unanimity prevailed in both
houses ; the Catholic Bill was actually brought in under the most
favourable auspices ; if it had passed, the Union was hopeless. Mr.
Pitt, who prepared for that measure from a distance, saw the neces-
sary consequence of abolishing religious dissensions in Ireland ; the
promised liberality was withdrawn ; Lord Fitzwilliam was recalled ;
and, in the space of one short month, that veiy parliament
which bid the Catholic arise to freedom, and the country to concord,
declared, that dissensions should be perpetual, and slavery eternal.
" History relates the sequel. In a short time the land was
deluged by native blood, and rebellion reared its horrid crest. My
Lord Castlereagh interposed, and terminated the scene, according to
the plot of the original projectors, by the Union. That same
Castlereagh again governs. Is it safe, my lord, is it prudent, to
exaggerate the people's hopes, to give them anything like a certainty,
which may meet nothing but disappointment? Let us spare our
country from the horrid consequences of outraged feelings. Tliis
is the last resort of public liberty in Europe — the only country
where the sword alone, the tyrant's law, does not prevail. I, my
DANIEL o'cONiyTELL, ESQ., M.P. 189
lord, for one, am determined not to survive the representative system
of government in this country. Surely we ought not endanger it,
by rousing those angiy passions which must result from betrayed
confidence. We should warn the people not to believe over much
those who are hackneyed in duplicity and treachery.
" The opposition to Catholic Emancipation has assumed a new
shape ; bigotry and intolerance have been put to the blush, or
covered with ridicule ; every body laughs at Jack Giffard and Paddy
Duignan ; and their worthy compeer and colleague in England, Sir
William Scott, does no longer venture to meet, with adverse front,
the justice of our cause. He may, indeed, talk of setting our question
at rest — he may declaim upon the moral inferiority of the Irish
Catholics ; but let him rest assured, that so long as his children — if he
have any — so long as the swarthy race of his Scotts are placed, by
law, on any superiority to the Irish Catholics, so long will it be
impossible to put the question to rest. It never can — it never shall
rest, save in unqualified, unconditional Emancipation. As to the moral
inferiority, I shall not dispute the point with him, but I trust no
Catholic judge will ever be found in this country with such an
accommodating disposition as to decide the precise same question in
two different ways, as we are told that learned gentleman has done,
with the question of ' paper blockades.' Let him, I am sure I
consent, direct his sapient opposition, in his present prudent course
of retarding the discussion of the right and justice of our claims, by
introducing other topics. The points of delay— the resting places
are obvious ; and when the present are exhausted, I rely on the
malignity of our oppressors to invent new terms for this purpose.
" First, there was the Veto — that, indeed, was soon put down by
the unanimous voice of the Catholic people, who, besides other
reasons, reaUy could not see, in the actual selection made by the
Irish government of persons to fill the offices belonging of right to
them, anything to tempt them to confer, on that government, the
nomination of upwards of thirty other offices of emolument and
honour. If hostility to the Irish people be a recognized recommenda-
tion to all other employments, is it likely that, in one alone, virtue
and moral fitness should obtain the appointment ? It was too gross
and glaring a presumption in an administration, avowing its abhor-
rence for every thing Irish, to expect to be allowed to interfere with
the religious discipline of the Irish Catholic Church.
" Driven from any chance of the Veto, our enemies next suggested
' the arrangement,' as it was called ; but this half measure had but
190 MEMOIR AND SPEECHES OF
few supporters. It was not sufficiently strong for the zealous
intolerants ; its advantages were not so obvious to the profligate ; it
was met by this plain reply — that we knew of no real inconvenience
that could possibly arise from the present system of the government
of our church ; but if any existed, it were fitter to be treated of by
the venerable prelates of that church, who understood the subject
best, than by ministers who wished to turn every thing into an engine
of state policy.
"'The arrangement' was then soon forgotten, and now, my lord,
we have new terms stated — those are ' sanctions and securities.
We are now told we cannot be emancipated without ' sanctions and
securities.' What are ' sanctions ?' They are calculated, I presume,
to do a great deal of mischief, because they are quite unintelligible*
As to ' securities,' indeed I can understand that word ; and I am
quite ready to admit that securities are necessary ; they are neces-
sary against the effects upon a passive, but high-minded people — of
continued insult and prolonged oppr'^ssion. They are necessary, in
a sinking state, against the domestic disturbances and organized
disaffection which prevail in England — against the enormous and
increasing power of the enemy — against dilapidated resources,
expiring commerce, depreciated currency, and accumulating expendi-
ture— against the folly, the incapacity, the want of character of the
administration — against all those evils of which there is courage to
speak — against that domestic insult, respecting which it is prudent to
be silent — against all these, ' securities' are necessary, and they are
easy to be found — they are to be found in conciliation and emancipa-
tion— their rectitude and justice. The brave, the generous, the enthusi-
astic people of Ireland are ready to place themselves in the breach
that has been made in their country ; they claim the post of honour,
that is, the post of utmost danger ; they are ready to secure the
throne and the constitution, and all they require in return is,
to be recognized as men and human beings in this their native
land.
" Do not, then, I would say to any minister — do not presume to
insult them, by attempting to treat them as maniacs, to be secured
only by ropes and chains. Alas ! their only insanity is their devo-
tion to you. Tell them not that the more they are free the less will
they be grateful ; tell them not that the less you have to fear from
their discontent, the more strictly will you bind them. Oppress them
if you please, but hesitate before you deem it prudent thus to insult
their first, their finest feelings.
DANIEL O'CONNELL, ESQ., M.P. 191
" Having disposed of ' Veto, arrangement, sanctions, and securi-
ties,' there remains but one resource for intolerance ; the classic
Castlereajrh has struck it out ; it consists in — what do you think ?
Why, in ' hitches.' Yes, * hitches' is the elegant word which is now
destined to protract our degradation. It is in vain that our advo-
cates have increased ; in vain have our foes been converted ; in vain
has "William Wellesley Pole become our warm admirer. Oh, how
beautiful he must have looked advocating the Catholic cause ! and
his conversion, too, has been so satisfactory — he has accounted for it
upon such philosophic principles. Yes, he has gravely informed us
that he was all his life a man detesting committees ; you might see
by him that the name of a committee discomposed his nerves, and
excited his most irritable feelings ; at the sound of a committee he
was roused to madness. Now, the Catholics had insisted upon acting
by a committee, the naughty papists had used nothing but profane
committees, and, of course, he proclaimed his hostility. But in
proportion as he disliked committees, so did he love and approve of
aggregate meetings — respectable aggregate meetings ! Had there
been a chamber at the Castle large enough for an aggregate meeting
he would have given it. Who does not see that it is quite right
to doat upon aggi'egate meetings and detest committees by law, logic,
philosophy, and science of legislation ? All recommend the one and
condemn the other ; and, at length, the Catholics have had the good
sense to call their committee a board, to make their aggregate meet-
ings more frequent. They, therefore, deserve Emancipation ; and,
with the blessing of God, he (Mr. Pole) would confer it on them !
(laughter and cheers.)
" But, seriously, let us recollect that Wellesley Pole is the brother
of one of our most excellent friends — of Marquis Wellesley, who had
so gloriously exerted himself in our cause — who had manfully
abandoned one administration because he could not procure our
liberty, and rejected power under any other, unless formed on the
basis of Emancipation ; and who had, before this hour in which I
speak, earned another unfading laurel, and the eternal affection of
the Irish people, by his motion in the House of Lords. The
eloquence and zeal and high character of that noble marquis seemed
all that was wanting to ensure, at no remote period, our success.
He knows little of the Irish heart who imagines that his disinterested
services will ever be forgotten ; no, they are graved on the soul of Irish
gratitude, and will ever live in the memory of the finest people on
the earth. Lord Castlereagh, too, has declared in our favour, with
192 MEMOIR AND SPEECHES OF
the prudent reserve of ' tlie hitches ;' he is our friend, and has been
so these last twenty years — our secret friend — as he says so, upon
his honour as a gentleman, we are bound to believe him. If it be a
merit in the minister of a great nation to possess profound discretion,
this merit Lord Castlereagh possesses in a supereminent degree. Why,
he has preserved this secret with the utmost success. Who ever
suspected that he had such a secret in his keeping? The whole
tenor of his life, every action of his negatived the idea of his being
our friend ; he spoke against us — he voted against us — he wrote and
he published against us ; and it turns out now that he did all this
merely to show how well he could keep a secret. Oh, admirable
contriver ! oh, most successfiU placeman ! most discreet and confiden-
tial of ministers !
" But what are his ' hitches' ? They constitute another ' secret.'
I think, however, I understand them. In the morning papers of this
day, there appeared a call upon the Protestants of the county of Sligo
to come forward in support of the establishment. It looks like the
tocsin of intolerance ; the name signed to it is John Irwin. Who
this person is I know not, and I have not had time to inquire. If he
be an Irish Protestant gentleman of independence, I respect, whilst
I pity his errors and his prejudices ; I would apply no other remedy
to him but the voice of mild reasoning and argument, shaped by the
spirit of conciliation. If he be an hireling of the administration,
and that this is the first demonstration of the ' hitches,' I proclaim
his miserable attempt to the contempt of the enlightened Protestants
of Ireland — its fate is certain ; the government may give it a
wretched importance, but they never can afford it strength ; they may
give it ' sanction,' but they cannot procure ' security' for bigotry. The
Protestants, Presbyterians, and the Quakers of Ireland, have too
recently evinced the noble liberality of their sentiments — their sense
of our wrongs, and their sympathy in the sufferings of their brethren,
who are, in their turn, ready to die in their defence. The Irish Pro-
testants of every denomination are too just and too wise to be duped
into the yell of bigotry. The result of the attempt is certain. Even
in 1792, when intolerance stood in formidable array, a similar effort
to stem our cause only covered the projectors and actors with
immortal ridicule. Mr. Byrne and Mr. Keogh proceeded then as we
shall now proceed ; and we have the advantage of being cheered by
the great majority of those very Protestants whom the intolerants
seek to dispose against us.
" I said I understood Castlereagh's ' hitches,' and I proclaim this
DANIEL O'CONNELL, ESQ., M.P. 193
as one of them ; I know, too, we shall have new persecutions. Our
legal persecutors, who hunt us with a keenness only increased by their
disappointment, and rendered more rancorous by our prospect of
success — good and godly men — are at this moment employed in pro-
jecting fresh scenes of prosecution. Every part of the press that has
dared to be free will surely be punished, and public spirit and libe-
rality will, in every case that can be reached by the arts of state
persecution, expiate its offence in a pi'ison. Believe me, my prophetic
feai's are not vain : I know the managers well, and place no confi-
dence in their holy seeming. Again, England affords another oppor-
tunity of extending the ' hitches,' under the pretence of making laws
to prevent rebellion there ; the administration will suspend the habeas
corpus, for the purpose of crushing emancipation here ; and thus will
illustrate the contrast between the veiy words which would require
twelve simpletons to swear meant the same thing. The new laws
occasioned by English rioters will pass harmless over their heads,
and fall only upon you. It would be inconsistent if Castlereagh, the
worthy successor of Clare and John Foster, used any other plan
towards Ireland. The ' hitches,' the ' hitches,' plainly mean all that
can be raised of venal outcry against us, and all that can be enacted
of arbitrary law, to prevent our discussions.
" Still, still we have resources — we have rich resources in those
affectionate sentiments of toleration which our Irish Protestant
brethren have proudly exhibited during the present year. The Irish
Protestants wiU not abandon or neglect their own work ; it is they
who have placed us on our present elevation — their support has
rendered the common cause of our common country triumphant.
Our oppressors, yielding an unwilling assent to the request of the
Protestants of Ireland, may compensate themselves by abusing us in
common ; they may style us agitators — Mr. Canning calls us
agitators with ulterior vieivs — but those Protestant agitators are the
best friends to the security and peace of the country ; and to us,
popish agitators — for I own it, my lord, I am an agitator, and we
solemnly promise to continue so, until the period of unqualified
emancipation — until ' the simple repeal.' As to us, agitators amongst
the Catholics, we are become too much accustomed to calumny to
be terrified at it ; but how have we deserved reproach and obloquy ?
How have we merited calumny ? Of myself, my lord, I shall say
nothing — I possess no talents for the office ; but no man shall prevent
the assertion of my rigid honesty. I am, it is true, the lowliest of
the agitators ; but there are, amongst them, men of the first rate
o
194 MEMOIR AND SPEECHES OF
talents, and of ample fortunes — men of the most ancient families,
and of hereditary worth — men of public spirit and of private virtue ;
and, above all,' men of persevering, undaunted, and unextinguishable
love of their countiy — of their poor, degraded, insulted country — to
that country, will I say of all the agitators, with the exception of
my humble self —
" 'Boast, Erin, boast them tameless, frank, and free.'
" Out of the hands of those agitators, however, the government is
desirable to take the people, and the government is right. Out of the
sphere of your influence, my lord, the people can never be taken, for
reasons which, because you are present, I shaU not mention, but which
are recognised by the hearts of the Irish nation. (Loud cheering.)
But out of our hands the people may easily be taken. They are
bound to us only by the ties of mutual sufferings and mutual
sympathies. We are the mere straws which are borne upon the torrent
of public wrongs and public griefs. Restore their rights to the
people — conciliate the Irish nation, which is ready to meet you more
than half way, and the power of the agitators is gone in an instant.
I do certainly feel the alarm expressed at the agitation of the
question of Catholic rights as a high compliment ; it clearly points
out the course we ought to pursue. Let us rouse the Irish people,
from one extreme to the other of the island, in this constitutional
cause. Let the Catholic combine with the Protestant, and the
Protestant with the Catholic, and one generous exertion sets every
angry feeling at rest, and banishes, for ever, dissension and division.
The temptation to invasion will be taken away from the foreign
enemy — the pretext and the means of internal commotion will be
snatched from the domestic foe — our country, combined in one
great phalanx, will defy every assault, and we shall have the happi-
ness of obtaining real security, by that course of conciliation,
which deserves the approbation of every sound judgment, and
must insure the applause of every feeling heart — we shall confer an
honour on ourselves, and insure the safety of our country."
The hopes which the Catholics bad conceived from the
recent unexpected turn their affairs had taken in the House of
Commons were checked, but not, however, seriously damped,
by a vote of the House of Lords, refusing the following motion
DANIEL O'CONNELL, ESQ., M.P. 195
of the Marquis of Wellesley (similar to that made by Mr.
Canning in the lower House) : —
"That the House of Lords will, early in the next session of parliament, take
into their most serious consideration the state of the laws aflfecting his Majesty's
Roman Catholic subjects in Great Britain and Ireland, with a view to such a
final and conciliatory adjustment as may be conducive to the peace and strength
of the United Ivlngdom, to the Protestant Establishment, and to the general
satisfaction and concord of all classes of his Majesty's subjects."
This defeat was actually considered the reverse of discourag-
ing, as the bigots had a majority of only one, the numbers
having been 126 against 125, for the motion, a proportion
which the favourers of the Catholics had never at all approached
on any former occasion, in the upper House. Corresponding
to these hopes were the fears of the opposite party. The Irish
Orangemen, and their English abettors, saw that there was no
time to be lost, to prop up again and strengthen the barriers of
ascendency, that now seemed about to give way. Accordingly,
both in England and in Ireland, an active no-popery agitation
was once more set a-going.
In England the government newspapers, the Morning Post
and the Courier, carried on the campaign actively, with articles
against the Catholic claims and the Catholics themselves, as
bitter and as truculent as even those in which the same
Morning Post, and its present coadjutors, the Morning Herald
and Standard, are wont to indulge against the Repeal agitation
and the repealers.
In Ireland the Orange lodges were encouraged with almost
direct openness, and hallooed on by the government. The
latter resolved themselves to have an active part in the crusade,
and commenced proceedings by an ex-officio from the Irish
Attorney General Saurin, against Mr. Fitzpatrick, printer
and publisher of Mr. Scully's celebrated work, entitled " A
Statement of the Penal Laws which aggrieve the Catholics of
Ireland."
A renewed zeal on the part of the Orangemen was manifested
(according to the Freeman s Jouriial) even by the manner in
which they adorned the statue of King William the Third, in
College-green, on the 12th of Jaily, in this year. As these
196 MEMOIR AND SPEECHES OF
classic decorations are going out of memory, we will give an
account of them : —
*' Yesterday the statue of King William was bedizened with
an old rusty Orange mantle, and some second-hand dirty
Orange ribbons. Surmounting his majesty's laurelled brow,
there appeared a faded Orange lily, and from the truncheon
hand a bit of a stick protruded, from which there depended a
tattered Orantje flao:."
The custom of thus magnificently adorning the " Deliverer s"
statue originated, about 1795, with a half crazed bookseller
in College-green, of the name of MacKenzie, who, from the
zeal with which he paraded his wares on the statue, on the
appointed days of faction-rejoicings, was nicknamed " King
William's MilHner." This absurdity, if a practice invented and
carried on in the spirit of vulgar insult to the Catholics may be
so simply designated, was annually renewed, until about the
year 1815, when the cloak, flag, and ribbons disappeared.
But it has been only within the last few years, that is, since the
liberal corporation came into power, that the handsome marble
carvings of the pedestal, and also portions of the figure of the
rider and his horse, have ceased to be deformed with daubs of
glaring orange and blue.
Every one is familiar with the feat of blackening the statue
with tar and pitch, perpetrated the night before one of its
anniversaries of decoration ; and the dismay and rage which the
begrimed appearance of their idol occasioned among the
Orangemen of high and low degree. Some ten years ago
another trick was played off — the king being blown from his
horse by the explosion of fulminating silver, as is supposed.
The authors of this last attempt have never been traced ; but it
is pretty confidently imputed to the lads of the College, anxious
to make mischief and create a disturbance — a laudable design,
in which they did not, however, succeed.
The indications of no-popery feeling which we have noticed,
drew from the Catholic board the following: resolution, to which
they gave extensive circulation : —
'to
"Resolved — That the Catholic Board do meet upon the first and third
Saturday of every mouth, until the first of November ; and that their secretary
DANIEL O'CONNELL, ESQ., M.P. 197
do write circular letters to all the members, announcing their serious apprehen-
sions that a religious persecution is about to commence in Ireland, apparently
sanctioned by the administration ; and inculcating the necessity of frequent deli-
berations, and constant activity on the part of the Catholic body, in obviating
the approaching calamity, and in the firm assertion of their rights, at this
fearful and important crisis."
The propriety of passing such a resolution was much ques-
tioned at the time by those who had installed themselves as
" patrons," as it were, of the Catholics. The usual cant was
talked about it as being " too strong," " very injudicious," &c. ;
but there is no doubt that circumstances fully bore out its aver-
ments, and not only entirely justified it, but even rendered it
necessary, as a means of awakening to their danger, the
threatened objects of this new persecution.
The anticipated danger was not only from the chances of open,
undisguised persecution, but from the design, now again revived,
and confidently spoken of as about to be pushed by the minister,
of bringing forward some measure of state-interference with
Catholic ecclesiastical matters, either by the notorious " Veto"
proposition, or some other equally to be deprecated and resisted.
A stout response to the alarm-cry from Dublin was promptly
returned from various parts of the country, but especially from
Limerick. On Friday, the 24th of July in this year (1812), a
large meeting of the Catholics of the city and county was held
for the purpose, at the Commercial Buildings, George's-street,
Limerick, at which Mr. O'Connell, then upon circuit, attended,
and made the speech we are about to give. T. R. Ryan, of
Scarteen, Esq., was in the chair, and the meeting was opened
with a speech from Mr. William Roche, the same gentleman
who represented the city of Limerick, on Repeal principles, from
the passing of the Reform Bill, until 1841. After expressing
general concurrence with the proceedings of the Catholic Board
in Dublin, confident hopes of the success of the cause, in the
next session of parliament — gratitude to its friends in that
body — and aversion to the idea of what were called " securities,"
being given in return for Catholic emancipation, he read the
resolutions that had been prepared, and moved their adoption.
We give the chief among them : —
"3. Resolved — That however injurious the policy wlrich laboured to sever
the Prince from the people, the recent declarations in parliament revive our
198 MEMOIR AND SPEECHES OF
long-cherishecl hopes, that that ilhistrious personage will adhere to those prin-
ciples, Avhicli, by establishing the harmony and happiness of the subject, would
best ensure the stability of tlie throne, and the prosperity of the empire.
" 4. That, at a time when continental Europe is yielding her last sigh, and
all the rivulets of rational liberty are nearly lost in the flood of universal domi-
nation ; and v.'hen these countries, the last refuge of European freedom, are
threatened with no less than total annihilation, we consider the continuance
of political disabilities as tending to paralyze the energies of the state, and to
further the views of our implacable enemy.
"And we, therefore, consider, that it would be a criminal apathy in us, at
this perilous crisis, to cease our earnest application to the legislature, to
embrace, within the protection of equal laws, all and every description of his
majesty's subjects,
" 5. That having, with regret, observed a design to mar the progress of our
just claims, by propositions intended solely to raise alarms against us, we feel
called upon to declare to the empire and to the world —
" That toe will enter into no compromise for our rights, incompatible with the
integrity of our religion.
" That the best security we can give, is our attachment to the constitution,
which we are solemnly and irrevocably sworn to defend — our proved invariable
fidelity to the laws, guaranteed by our properties, our lives, and the very prin-
ciples of the religion we profess."
These, with other resolutions, were seconded by Mr. A. F.
O'Neill, and passed unanimously.
" Counsellor O'Connell then rose, (adds the Limerick Even-
ing Post, whose report we quote,) and delivered a speech,
the most brilliant and argumentative we have ever heard. This
accomplished and powerful orator continued, for upwards of an
hour, to address the assembly as follows, and was cheered
almost at the close of every sentence, with loud and rapturous
applause : —
" I feel it my duty, as a professed agitator, to address the meeting.
It is merely in the exercise of my office of agitation, that I think it
necessary to say a few words. For any purpose of illustration or
argument, further discourse is useless : all the topics which the pre-
sent period suggested, have been treated of with sound judgment, and
a rare felicity of diction, by my respected and talented friend (Mr.
Roche), all I shall do is, to add a few observations to what has fallen
from that gentleman ; and whilst I sincerely admire the happy style
in which he has treated those subjects, I feel deep regi'et at being
unable to imitate his excellent discourse.
" And, first, let me concur with him in congratulating the Catholics
of Limerick on the progress our great cause has made since we were
last assembled. Since that period our cause has not rested for sup-
port on the efforts of those alone wlio were immediately interested ;
DANIEL O'CONNELL, ESQ., M.P. 199
no, our Protestant brethren throughout the land have added their
zealous exertions for our emancipation. They have, with admirable
patriotism, evinced their desire to conciliate by serving us, and I am
sure I do but justice to the Catholics, when I proclaim our gratitude,
as written on our hearts, and to be extinguished only with our lives.
{Hear, hear.)
" Nor has the support and the zeal of our Protestant brethren been
vain and barren. No, it has been productive of great and solid
advantages ; it has procured, for the cause of religious liberty, the
respect even of the most bigoted of our opponents ; it has struck
down English prejudice ; it has convinced the mistaken honest ; it
has terrified the hypocritical knaves ; and, finally, it has pronounced
for us, by a great and triumphant majority, from one of the branches
of the legislature, the distinct recognition of the propriety and the
necessity of conceding justice to the great body of the Irish people.
(Hear, hear, hear.)
"Let us, therefore, rejoice in our mutual success ; let us rejoice in
the near approach of freedom ; let us rejoice in the prospect of soon
shaking off our chains, and of the speedy extinction of our grievances.
But above all, let us rejoice at the means by which these happy
effects have been produced ; let us doubly rejoice, because they afford
no triumph to any part of the Irish nation over the other — that they
are not the result of any contention amongst ourselves ; but consti-
tute a victory, obtained for the Catholics by the Protestants — that
they prove the liberality of the one, and require the eternal gratitude
of the othei' — that they prove and promise the eternal dissolution ot
ancient animosities and domestic feuds, and affoi'd to every Christian
and to every patriot, the cheering certainty of seeing peace, harmony,
and benevolence prevail in that country, where a wicked and per-
verted policy has so long and so fatally propagated and encouraged
dissension, discord, and rancour. (Loud cheering.)
" We owe it to the liberality of the Irish Protestants — to the zeal
of the 'Irish Presbyterians — to the friendly exertion of the Irish
Quakers ; we owe, to the cordial re- union of every sect and denomi-
nation of Irish Christians, the progress of our cause". They have
procured for us the solemn and distinct promise and pledge of the
House of Commons- — they almost obtained for us a similar declara-
tion from the House of Lords. It was lost by the petty majority of
one — it was lost by a majority, not of those who listened to the absurd
prosings of Lord Eldon, to the bigoted and turbid declamation of that
English Chief Justice, whose sentiments so forcibly recall the memory
200 MEMOIR AND SPEECHES OF
of the star-chambei' ; not of those who were able to compare the
vapid or violent folly of the one party, with the statesman-like senti-
ments, the profound arguments, the splendid eloquence of the Marquis
"Wellesley. (Hear, hear.) Not of those who heard the reasonings of
our other illustrious advocates ; but by a majority of men who acted
upon pi'econceived opinions, or, from a distance, carried into effect
their bigotry, or, perhaps, worse propensities — who availed them-
selves of that absurd privilege of the peerage, which enables those to
decide who have not heard — Avhich permits men to pronounce upon
subjects they have not discussed — and allows a final determination to
precede argument. (Hear.)
" It was not, however, to this pi'ivilege alone, that our want of suc-
cess was to be attributed. The very principle upon which the present
administration has been formed, was brought into immediate action,
and with success ; for, in the latter periods of the present reign,
every administration has had a distinct principle upon which it was
formed, and which serves the historian to explain all its movements.
Thus, the principle of the Pitt administration was — to deprive the
people of all share in the government, and to vest all poiver and
authority in the crown. In short, Pitt's views amounted to unquali-
fied despotism. This great object he steadily pursued through his ill-
starred career. It is true he encouraged commerce, but it was for
the purposes of taxation ; and he used taxation for the purposes of
corruption ; he assisted the merchants, as long as he could, to grow
rich, and they lauded him ; he bought the people with their own
money, and they praised him. Each succeeding day produced some
new inroad on the constitution ; and the alarm which he excited, by
reason of the bloody workings of the French revolution, enabled him
to rule the land with uncontrolled sway ; he had bequeathed to his
successor the accumulated power of the crown — a power which must
be great, if it can sustain the nonentities of the present administra-
tion. (Loud and continued cheering.)
" The principle of Pitt's administration was despotism — the prin-
ciple of Perceval's administration was peculating bigotry — bigoted
peculation ! In the name of the Lord he plundered the people. (A
laugh.) Pious and enlightened statesman ! he would take their money
only for the good of their souls. (Bursts of laughter.)
" The principle of the present administration is still more obvious.
It has unequivocally disclosed itself in all its movements — it is simple
and single — it consists va. falsehood. Falsehood is the bond and link
that connects this ministry in office. Some of them pretend to be our
DANIEL O'CONNELL, ESQ., M.P. 201
friends — you know it is not true — they are only our worse enemies
for the hypocrisy. They declare that the Catholic question is no
longer opposed by the cabinet — that it is left to the discretion of each
individual retainer. The fact is otherwise — and their retainers,
though not commanded^ as formerly, are carefully advised to vote
against us. (Hear, hear.)
" The minister. Lord Castlereagh, is reported to have said in the
House of Commons, that in the years 1797 and 1798, there was no
torture in Ireland, to the knowledge of government ! Is it really
possible that such an assertion was used? You hear of it with
astonishment. All Ireland must shudder, that any man could be
found thus to assert. Good God ! of what materials must that man
be made who could say so ? I restrain my indignation — I withhold
all expressions of surprise — the simple statement that such an asser-
tion was used, exceeds, in reply, the strongest language of reproba-
tion. But there is no man so stupid as not to recognise the principle
which I have so justly attributed to this administration.
" "What ! No torture ! Great God ! No torture ! Within the walls
of your city was there no torture ? Could not Colonel Vereker
have informed Lord Castlereagh, that the lash resounded in the
streets even of Limerick, and that the human groan assailed the
wearied ear of humanity ? Yet, I am ready to give the gallant
colonel every credit he deserves ; and, therefore, I recall to your
grateful recollection the day when he risked his life to punish one of
the instruments of torture. (Hear, hear.) Colonel Vereker can tell
whether it be not true, that in the streets of your city, the servant of
his relation, Mrs. Rosslewen, was not tortured — whether he was not
tortured first, for the crime of having expressed a single sentiment
of compassion, and next because Colonel Vereker interfered for
him. (Hear, hear.)
" But there is an additional fact, which is not so generally known,
which, perhaps, Colonel Vereker himself does not know, and which
I have learned from a highly respectable clergyman, that this sad
victim of the system of torture, which Lord Castlereagh denied,
was, at the time he was scourged, in an infirm state of health — that
the flogging inflicted on him deprived him of all understanding, and
that within a few months he died insane, and without having recovered
a shadow of reason. (Hear.)
" But why, out of the myriads of victims, do I select a solitary
instance ? Because he was a native of your city, and his only
ofience an expressiou of compassion. I might tell you, did you not
202 MEMOIR AND SPEECHES OF
already know it, that in Dublin there were, for weeks, three perma-
nent triangles, constantly supplied with the victims of a promiscuous
choice made by the army, the yeomanry, the police constables, and
the Orange lodges ; that the shrieks of the tortured must have literally
resounded in the state apartments of the Castle ; and that along by
the gate of the Castle yard, a human being, naked, tarred, feathered,
with one ear cut oif, and the blood streaming from his lacerated
back, has been hunted by a troop of bai'barians !
" Why do I disgust you with these horrible recollections ? You want
not the proof of the principle of delusion on which the present adminis-
tration exists. In your own alFairs you have abundant evidence of it.
The fact is, that the proxies in the Lords would never have produced a
.majority even of one against Lord Wellesley's motion, but for the
exertion of the vital principle of the administration. The ministry
got the majority of one. The pious Lord Eldon, with all his
conscience and his calculations, and that immaculate distributor of
criminal justice. Lord Ellenborough, were in a majority of one.
By what holy means think you ? Why, by the aid of that which can-
not be described in dignified language — by the aid of a lie — a false,
positive, palpable lie !
" This manoeuvre was resorted to — a scheme worthy of its
authors — they had perceived the effects of the manly and dignified
resolutions of the 18th of June. These resolutions had actually
terrified our enemies, whilst they cheered those noble and illustrious
friends who had preferred the wishes and wants of the people of
Ireland to the gratification of paltry and disgraceful minions. The
manoeuvre — the scheme, was calculated to get rid of the effect of
those resolutions, nay, to turn their force against us, and thus was
the pious fraud effected. (Hear.)
" There is, you have heard, a newspaper, in the permanent pay of
peculation and corruption, printed in London, under the name of
the Courier, a paper worthy the meridian of Constantinople, at its
highest tide of despotism. This paper was directed to assert the
receipt of a letter from Dublin, from excellent authority, declaring,
I know not how many peers, sons of peers, and baronets had retracted
the resolutions of the 18th of June; that those^ resolutions were
carried by surprise, and that they had been actually rescinded at a
subsequent meeting.
" Never did human baseness invent a more gross untruth ; never
did a more unfounded lie fall from the father of falsehood ; never
did human turpitude submit to become the veliicle of so ' glaring'
DANIEL O'CONNELL, ESQ., M.P. 203
a dereliction of truth. But the Courier received its pay, and it
was ready to earn the wages of its prostitution. It did so — it pub-
lished the foul falsehoods, with the full knowledge of their falsehood ;
it published them in two editions, the day before and the day of the
debate — at a period when inquiry was useless — when a contradiction
from authority could not arrive ; at that moment this base trick was
played, through the intervention of that newspaper, upon the British
public !
" Will that public go too far, when they charge this impure strata-
gem on those whose purposes it served ? Why, even in this country,
the administration deems it necessary to give, for the support of one
miserable paper, two places — one of five, and the other of eight hun-
dred a year — the stamp duty remitted — the proclamations paid for as
advertisements — and a permanent bonus of one thousand pounds per
annum ! If the bribe here be so high, what must it be in England,
where the toil is so much greater ? And, think you, then, that the
Courier published, unsanctioned by its paymasters, this useful lie ?
" I come now to the next stage in the system of delusion ; it
is that which my friend, Mr. O'Neil, has noticed. He has powerfully
exposed to you the absurdity of crediting the ministerial newspapers,
when they informed you that the member for Limerick had stated in
the House of Commons, that the commercial interests of Limerick
were opposed to the Catholic claims. Sir, for my part, I entirely
agree with Mr. O'Neil ; I am sure Colonel Vereker said no such
thing ; he is a brave man, and, therefore, a man of truth ; he is pro-
bably a pleasant friend, and he has those manly traits about him,
which make it not unpleasant to oppose him as an enemy ; I like the
candour of his character, and our opposition to him should assume
the same frankness, and openness, and perfect determination. He
well knows that a great part of the commercial interests of Limerick
is in the hands of the Catholics — that the Quakers of Limerick, who
possess almost the residue of the trade, are friendly to us, and that,
with the exception of the ' tag, rag and bob-tail' of the corporation—
(loud laughter) there is not to be found amongst the men who ought
to be his constituents, a single exception to liberality. (Repeated
applause.)
" There remains another delusion ; it is the darling deception of
this ministry — that which has reconciled the toleration of Lord
Castlereagh with the intolerance of Lord Liverpool ; it is that which
has sanctified the connection between both, and the place-procuring,
prayer-mumbling Wilberforce ; it consists in sanctions and securities.
204 MEMOIR AND SPEECHES OF
The Catholics may be emancipated, say ministers in public, but they
must give securities ; by securities, say the same ministers in private,
to their supporting bigots, we mean nothing definite, but something
that shall certainly be inconsistent with the popish religion — nothing
shall be a security which they can possibly concede — and we shall
deceive them and secure you, whilst we carry the air of liberality and
toleration. (Hear.)
" And can there be any honest man deceived by the cant and cry
for securities ? — is there any man that believes that there is safety in
oppression, contumely, and insult, and that security is necessary
against protection, liberality, and conciliation ? — does any man
really suppose, that there is no danger from the continuance of unjust
grievance and exasperating intolerance ; and that security is wanting
against the eifects of justice and perfect toleration? Who is it that
is idiot enough to believe, that he is quite safe in dissension, disunion,
and animosity, and wants a protection against harmony, benevolence,
and charity ? — that in hatred there is safety — in affection, ruin ? —
that now, that we are excluded from the constitution, we may be
loyal — but that if we were entrusted, personally, in its safety, we
shall wish to destroy it ? (Hear, hear.)
" But this is a pitiful delusion : there was, indeed, a time, when
' sanctions and securities' might have been deemed necessary — when
the Catholic was treated as an enemy to man and to God — when his
property was the prey of legalized plunder — his religion, and its
sacred ministers, the object of legalized persecution ! — when, in defi-
ance and contempt of the dictates of justice, and the faith of treaties —
and I attest the venerable city, in which I stand, that solemn treaties
were basely violated — the English faction in the land turned the
Protestant into an intolerant and murderous higot, in order that it
might, in security, plunder that very Protestant, and oppress his and
our common country ! Poor neglected Ireland ! At that period, secu-
rities might be supposed wanting ; the people of Ireland — the Catholic
population of Ireland were then as brave and as strong, comparatively,
as they are at present ; and the country then afforded advantages for
the desultory warfare of a valiant peasantry, which, fortunately, have
since been exploded by increasing cultivation.
'* At the period to which I allude, the Stuart family was still in
existence ; they possessed a strong claim to the exaggerating alle-
giance and unbending fidelity of the Irish people. Every right that
hereditary descent could give the royal race of Stuart, they possessed —
in private life, too, they were endeared to the Irish, because they
DANIEL O'CONNELL, ESQ., M.P, 205
were, even the worst of them, gentlemen. But they had still stronger
claims on the sympathy and generosity of the Irish : they had been
exalted, and were fallen — they had possessed thrones and kingdoms,
and were then in poverty and humiliation. All the enthusiastic
sympathies of the Irish heart were roused for them — and all the
powerful motives of personal interest bore, in the same channel, the
restoration of their rights — the triumph of their religion, the restitu-
tion of their ancient inheritances, would then have been the certain
and immediate consequences of the success of the Stuart family, in
their pretensions to the throne.
" At the period to which I allude, the Catholic clergy were bound
by no oath of allegiance ; to be a dignitary of the Catholic church in
Ireland, was a transportable felony — and the oath of allegiance was
so intermingled with religious tenets, that no clergyman or layman
of the Catholic persuasion could possibly take it. At that period, the
Catholic clergy were all educated in foreign countries, under the eye
of the pope, and within the inspection of the house of Stuart. From
fifty-eight colleges and convents, on the Continent, did the Catholic
clergy repair to meet, for the sake of their God, poverty, persecution,
contumely, and, not unfrequently, death, in their native land. (Hear,
hear.) They were often hunted like wild beasts, and never could
claim any protection from the law ! (Hear, hear.) That — that was
a period, when securities might well have been necessary — when
sanctions and securities might well have been requisite.
"But what was the fact? — what was the truth which history
vouches ? Why, that the clergy and laity of the Irish Catholics,
having once submitted to the new government — having once plighted
their ever unbroken faith to King William and his successors — hav-
ing once submitted to that great constitutional principle, that in
extreme eases the will of the people is the sole law — that in extreme
cases the people have the clear and undoubted right to cashier a
tyrant, and provide a substitute on the throne — the Irish Catho-
lics, having fought for their legitimate sovereign, until he, himself,
and not they, fled from the strife — adopted, by treaty, his English
successor, though not his heir — transferred to that successor, and the
inheritors of his throne, their allegiance. They have preserved their
covenant — with all the temptations and powerful motives to disaffec-
tion, they fulfilled their part of the social contract, even in despite of
its violation by the other party. (Loud and continued applause.)
" How do I prove the continued loyalty of the Catholics of Ireland
under every persecution ? I do not appeal for any proofs to their
206 MEMOIR AND SPEECHES OF
own records, however genuine — I appeal merely to the testimony of
their rulers and their enemies — (hear, hear) — I appeal to the letters
of Primate Boulter — to the state-papers of the humane and patriotic
Chesterfield. I have their loyalty through the admissions of every
secretary and governor of Ireland, until it is finally and conclusively
put on record by the legislature of Ireland itself. The relaxing
statutes expressly declare, that the penal laws ought to be repealed —
not from motives of policy or growing liberality, but (I quote the
words,) ' because of the long-continued and uninterrupted loyalty of
the Catholics.' This is the consummation of my proof — and I defy
the veriest disciple of the doctrine of delusion to overturn it.
(Applause.)
" But as the Catholics were faithful in those dismal and persecuting
periods — when they were exasperated by the emaciating cruelty of
barbarous law and wretched policy — as they were then faithful, not-
withstanding every temporal and every religious temptation and
excitement to the contrary, is it in human credulity to believe my
Lord Castlereagh, when he asserts that securities are now necessary?
Now, that the ill-fated house of Stuart is extinct — and had it not been
extinct I should have been silent as to what their claims were —
noiv, that the will of the people, and the right of hereditary succes-
sion are not to be separated — now, that the Catholic clergy are edu-
cated in Ireland, and are all bound by their oaths of allegiance to
that throne and constitution, which, in the room of persecution, gives
them protection and security — noiv, that all claims upon forfeited
property are totally extinguished in the impenetrable night of obscu-
rity and oblivion — now, that the Catholic nobility and gentry are in
the enjoyment of many privileges and franchises, and that the full
participation of the constitution opens upon us in close and cheering
prospect — shall we be told that securities are now expedient, though
they were heretofore unnecessary ? Oh ! it is a base and dastardly
insult upon our understandings and on our principles, and one which
each of us would, in private life, resent — as in public we proclaim it
to the contempt and execration of the universe. (Great applause.)
" Long as I have trespassed on you, I cannot yet close : I have a
word to address to you upon your own conduct. The representative for
your city. Colonel Vereker, has openly opposed your liberties — he has
opposed even the consideration of your claims. You are beings, to
be sure, with human countenances, and the limbs of men — but you
are not men — the iron has entered into your souls, and branded the
name of slave upon them, if you submit so be thus trampled on ! His
DANIEL O'CONNELL, ESQ., M.P. 207
opposition to you is decided — meet bim with a similar, and, if pos-
sible, a superior hostility. You deserve not freedom — you, citizens
of Limerick, with the monuments of the valovir of your ancestors
around you — you are less than men, if my feeble tongue be requisite
to rouse you into activity. (Applause.) Your city is, at present,
nearly a close borough — do but will it, and you make it free ! (Con-
tinued applause.)
" I know legal obstacles have been thrown in your way — I know
that, for months past, the Recorder has sat alone at the sessions — that
he has not only tried cases, in the absence of any other magistrate,
which he is authorised by law to do, but that he has solely opened
and adjourned the sessions, which, in my opinion, he is clearly unwar-
ranted in doing ; he has, by this means, I know, delayed the registry
of your freeholds, because two magistrates are necessary for that
purpose : I have, however, the satisfaction to tell you, that the Court
of King's Bench will, in the next term, have to determine on the
legality of his conduct, and of that of the other charter magistrates,
who have banished themselves, I undei'stand, from the Sessions'
Court, since the registry has been spoken of! They shall be served
with the regular notices ; and, depend upon it, this scheme cannot
long retard you. (Great applause.)
" I speak to you on this subject as a lawyer — you can best judge
in what estimation my opinion is amongst you — but such as it is, I
pledge it to you, that you can easily obviate the present obstacles to
the registry of your freeholds. I can also assure you that the con-
stitution of your city is perfectly free — that the sons of freemen, and
all those who have served an apprenticeship to a freeman, are all
entitled to their freedom, and to vote for the representation of your
city. (Hear, hear, hear.)
*' I can tell you more : that if you bring your candidate to a poll,
your adversary will be deprived of any aid from non-resident or
occasional freemen ; we will strike off his list the freemen from Gort
and from Galway, the freemen from the band, and many from the
battalion of the city of Limerick militia. (Loud cries of 'hear, hear.')
" In short, the opening of the borough is a matter of little difficulty.
If you will but form a committee, and collect funds, in your opulent
city, you will soon have a representative ready to obey your voice —
you cannot want a candidate. If the emancipation bill passes next
sessions, as it is so likely to do, and that no other candidate offers, I
myself will bring your present number to the poll. (Loud applause.)
I, probably, will have little chance of success— but I will have the
208 MEMOIR AND SPEECHES OF
satisfaction of showing this city and the county, what the freeborn
mind might achieve if it were properly seconded. (Here the eloquent
and patriotic speaker was interrupted for some minutes, by thunder-
ing applause.)
" I conclude by conjuring you to exert yourselves ; waste not your
just resentments in idle applause at the prospect I open to you ; let
not the feeling of the moment be calumniated as a hasty ebullition of
anger ; let it not be transitory, as our resentments generally are, but
let us remember ourselves, our children, and our country ! (Hear,
hear, hear.)
" Let me not, however, close, without obviating any calumny that
may be flung upon my motives. I can easily pledge myself to you
that they are disinterested and pure — I trust they are more. My
object in the attainment of emancipation is in nothing personal, save
in the feelings which parental love inspires and gratifies. I am, I
trust, actuated by that sense of Christianity which teaches us that the
first duty of our religion is benevolence and universal charity ; I am,
I know, actuated by the determination to rescue our common country
from the weakness, the insecurity, which dissension and religious ani-
mosity produce and tend to perpetuate ; I wish to see the strength of
the island — this unconquered, this unconquerable island — combined
to resist the mighty foe of freedom, the extinguisher of civil liberty,
who rules the Continent from Petersburg to the verge of the Irish
bayonets in Spain. (Loud and repeated applause.) It is his interest,
it is a species of duty he owes to his family — to that powerful house,
which he has established on the ruins of the thrones and dominations
of Europe — to extinguish, for ever, representative and popular
government in these countries ; he has the same direct intent which
the Roman general had to invade our beloved country — ' Ut libertas
veluti et conspectu.' His power can be resisted only by combining
your physical force with your enthusiastic and undaunted hearts.
(Hear, hear.)
" There is liberty amongst you still. I could not talk as I do, of
the Liverpools and Castlereaghs, of his court,, even if he had the folly
to employ such things — I wish he had ; you have the protection of
many a salutary law — of that palladium of personal liberty — the trial
by jury. I wish to ensure your liberties, to measure your interests
on the present order of the state, that we may protect the very men
that oppress us. (Loud applause.)
" Yes, if Ireland be fairly roused to the battle of the country and
of freedom, all is safe. Britain has been often conquered : the
DANIEL O'CONNELL, ESQ., M.P. 209
Romans conquered her — the Saxons conquered her — the Normans
conquered her — in short, whenever she was invaded, she was con-
quered. But our country was never subdued ; we never lost our
liberties in battle, nor did we ever submit to armed conquerors. It is
true, the old inhabitants lost their country in piece-meal, by fraud
and treachery ; they relied upon the faith of men, who never, never
observed a treaty with them, until a new and mixed race has sprung
up, in dissension and discord ; but the Irish heart and soul still pre-
dominate and pervade the sons of the oppressors themselves. The
generosity, the native bravery, the innate fidelity, the enthusiastic
love of whatever is great and noble — those splendid characteristics of
the Irish mind remain as the imperishable relics of our country's
former greatness — of that illustrious period, when she was the light
and the glory of barbarous Europe — when the nations around sought
for instruction and example in her numerous seminaries — and when
the civilization and religion of all Europe were preserved in her
alone. (Continued cheering.)
*' You will, my friends, defend her — you may die, but you cannot
yield to any foreign invader. (Hear, hear.) Whatever be my fate, I
shall be happy, whilst I live, in reviving amongst you the love and
admiration of your native land, and in calling upon Irishmen — no
matter how they may worship their common God — to sacrifice every
contemptible prejudice on the altar of their common country. (Great
applause.) For myself, I shall conclude, by expressing the sentiment
that throbs in my heart — I shall express it in the language of a young
bard of Erin,* and my beloved friend, whose delightful muse has the
sound of the ancient minstrelsy —
" Still shalt thou be my midnight dream —
Thy glory still my waking theme ;
And ev'ry thought and wish of mine,
Unconquer'd Erin, shall be thine !"
This speech procured him from the meeting the following
compliment :
" Eesolved — That our sincere thanks are hereby returned to Daniel O'Connell,
barrister-at-law,'for his luminous and patriotic speech this day ; as well as for
his manly and distinguished exertions at all times, in the cause of his
country."
The legal opinions delivered by Mr. O'Connell in this speech
* Charles Phillips, Esq., author of the poem entitled " The Emerald Isle,"
then at the Irish, subsequently for many years at the EngUsh bar, and now one
of the District Commissioners of Bankruptcy in England.
210 MEMOIR AND SPEECHES OF
were all verified in the courts of law. The city of Limerick,
from being a nomination borough, was, by means of legal deci-
sions, thrown open to the popular control, as Mr. O'Connell
had pointed out. The expense was enormous; but it was cheer-
fully borne by the patriotic citizens.* The populous triumph
was complete, and Mr. O'Connell had the delightful satisfac-
tion to have roused the sleeper, and presided over the victory.
Various other Catholic meetings were held in counties and
towns of Ireland during the summer and autumn of 1812, at
which resolutions to the same general effect as those we have
recorded of the Limerick meeting, were unanimously adopted.
If in these and other demonstrations of popular opinion in Ire-
land one sentiment more than another was peculiarly marked, it
was that of determined hostility to the proposition of giving in
exchange for Emancipation any of what were insultingly termed
" securities ," especially and particularly that of which we shall
have soon to treat fully, the " veto " proposition.
Mr. O'Connell was enabled to attend the Cork "city and
county" meeting, held on Friday, 21st August, at the North
Parish Chapel, William Coppinger, jun., Esq., of Barry's Court,
in the chair ; but the Cork paper (the Intelligencer\^\iic\\ con-
tained the proceedings, states that it was unable to report with
precision his speech, and so passed it over entirely, with a few
complimentary sentences.
In the list of resolutions here passed we find the following :
" 15th. Eesolved — That our cordial thanks are hereby offered to our patriotic
fellow-Catholic Counsellor O'Connell, as the tribute of our admiration and
applause, for his unceasing and energetic exertions in the common cause ; and
for his able and eloquent speech delivered here this day."
It will thus be seen that the period of the parliamentary recess
in the year 1812, was by no means a season of repose and quiet,
either to the Catholics or their opponents. The events of the
session just gone by had startled and effectually aroused both
parties. At a moment when a ministry, generally known to be
adverse to all concession, had, after the double shock of the loss
* The father of the present Mayor of Limerick, ISIr. Edmund Ryan, sub-
scribed £oOO ; and another young gentleman, a Mr. Patrick Creagh, a similar
sum. The Verekers were thrown out ; but, alas ! tiie people, in the excess of
their enthusiasm, put Spring Rice in his place. What a practical blunder.
DANIEL O'CONNELL, ESQ., M.P. 211
of their head and a vote of want of confidence carried against
them in the lower house, been suddenly reseated in office, with
renewed power, and, as it was natural to suppose, unabated
inveteracy, Catholic and anti-Catholic in Ireland had beheld,
with equal astonishment, a motion favourable to the former,
carried by a large majority in the commons, and only lost in the
lords by a majority of one — a defeat in name, but virtually a
triumph.
The probabilities were on the side of an actual and entire
success in the next session. The grand object, therefore, with
the one party, was to advance this consummation during the
recess by all the means in their power ; and, of course, with the
other party, to strengthen the old obstructions, and endeavour to
create others anew.
The party of the bigots had, however, a fearful advantage in
means, and were not deterred from using them by any scrupu-
losity. We have already alluded to the eiforts at reviving the
"no Popery" cry. But, successful as these were with the
strongly-prejudiced public mind of England, it was determined
not to trust to the mere chance of their influence reacting upon
the parliament. The latter was doomed — doomed, because of
its one act of liberality — no consideration given fb its many acts
of an opposite nature, not even to the surprising celerity with
which it had retracted and cancelled the vote of want of con-
fidence before-mentioned.
Accordingly, early in the month of October, 1812, the usual
proclamation appeared of the dissolution of parliament, and
writs were immediately issued for a general election.
The strugs^le was now transferred to the hustings ; and that
it was one of no very gentle or moderate character may well be
supposed. The government and its agents and supporters
stopped at nothing to secure the return of men opposed to con-
cession, and their efforts were very generally successful.
Before comins" to -an occasion when Mr. O'Connell expressed
his sentiments upon the results of the general election, there is
an incident of his le^al avocations to be noted.
On Monday, the 19th of October, he and Mr. Finlay appeared
as counsel for the prosecutors in the matter of some charges
made bv a lartre number of citizens of Dublin against the citv
212 MEMOIR AND SPEECHES OF
police-magistrates, and investigated into by Mr. Sergeant (the
late judge) Moore and Mr. Disney, who were appointed by govern-
ment for that purpose. There was a very crowded attendance
to hear the case, being one of considerable interest to the
inhabitants of Dublin at large ; but, to the astonishment of all
present, the commissioners announced that they had determined
not to permit the interference of council.
" It was their impression," said Mr. Sergeant Moore, who
made this announcement, " that it was much better to dispense
with the assistance of counsel, and to investigate the charges by
an examination of witnesses unperverted by colouring or exag-
geration of any description. It was even a matter of question
to them whether there was not an irregularity in the interference
of gentlemen of the bar, when the nature and constitution of the
committee were taken into consideration."
" Counsellor O'Connell observed, that he had no doubt either upon
any of the points either of the regularity of the interference of
counsel, their entire right to assist in the present investigation, or
the actual and absolute necessity of their assistance.
" He said that, as a member of the Irish bar, he was fully entitled
and empowered to appear before any tribunal whatsoever, on behalf of
his majesty's subjects, in any instance wherein then' lives, liberties, or
properties were concerned ; and if there was not, as there ought not
to be, any question as to his title and his right to appear upon that
or any other legal occasion, there could, of course, be as little as
to the right and title, as well as certainly to the expediency and
utility of his leai*ned friend's appearance and assistance.
" The fact was, there were the most heinous charges pending
against individuals holding high and very important situations ; the
interests of the community were concerned, the lives and properties
of the inhabitants of Dublin were deeply interested ; nothing, there-
fore, ought to be left undone to satisfy the public mind, to make the
investigation seai'ching and complete. The whole matter should be
sifted to the bottom, and every effort made to arrive at the truth ;
and for these purposes the attendance and assistance of counsel were
imperatively required.
" In truth, he considered it little better than a libel upon the bar,
to say that its attendance was unnecessary. Surely, if the parties
accused were innocent of the heavy charges brought against them,
the exertions of a barrister could do them no possible injury. If
DANIEL O CONNELL, ESQ., M.P. 213
tliey were really innocent, as it was asserted, they could not have
anything to dread ; but if they were guilty, the exertions of an
honest and zealous barrister were peculiarly needed to point out the
extent of their delinquency, to leave no branch of their crimes unex-
plored, to allow no one particular of their misdemeanours to remain
unrevealed to the world.
" Besides, it was to be recollected, that those parties themselves
enjoyed the advantage of legal aid. There were no less than six of
the accused who were themselves capable of performing the duty he
had undertaken ; and the rest of them possessed the advantage of an
acquaintance with the rules of evidence and of an experience and
practised dexterity, highly available to them in the conduct of their
defence. It would be, therefore, absurd to pretend that they could
at all be considered in the light of ordinary persons unskilled in legal
proceedings and unfamiliar with them.
" And when they were in possession of such advantages, was it not
a palpable injustice to attempt to deprive his clients of what would
no more than place them upon an equality ? It was an absolute and
gross injustice so to act. He would most solemnly and energetically
protest against the foul play of not allowing the benefits of legal aid
upon the one side as upon the other ; and until the commissioners
should take it upon themselves to order him to walk out of court, he
would not so much surrender his own privileges and his clients'
rights as to cease his protest for one moment. He appeared in court
as the retained counsel of the memorialists ; and if he were to be
disbarred, he could not, of course, help it : but this he would most
certainly do — conscious of the extent of his professional privileges,
the necessity and entire regularity of his attendance ; if the couit
should decide against him, he would instantly throw up his brief and
advise his clients not to attempt going one step further in this most
necessary, most useful, most solemn, and most desirable investigation.
" Without legal aid this enquiry would be fruitless — the truth could
not be known, the intentions of the legislature and of the government
(to whom praise was due for giving that opportunity) should be
defeated, the country will be disappointed, the public-spirited indivi-
duals who had brought that important subject before the nation would
have been making only a nugatory effort at the attainment of justice —
and he should therefore repeat, that if the court were against him he
would instantly and unhesitatingly throw up his brief, and advise
those upon whose behalf he appeared not to proceed any further.
" Again, he would say, the present inquiry was most important.
214 MEMOIR AND SPEECHES OF
The criminality it was instituted to examine into, deeply and
intimately concerned the citizens of Dublin in their lives, liberties,
and properties. His instructions authox'ized him to declare, that
delinquency of the most enormous magnitude perpetrated, in the
guise and under the pretence of the administration of justice, would
be exhibited to the public in all its enormity. Curious instances of
imposition would be exposed to view. Penalties — sometimes with
ludicrous whimsicalty — sometimes with inveterate cruelty. The in-
vestigation of such charges as these was a matter of the most serious
and highest importance to the community at large — they required
the most serious pains-taking and solemn attention — they demanded
all the consideration of the commissioners themselves, and (surely if
the assistance of a barrister had ever been found useful in forward-
ing the ends of justice, in protecting and vindicating the liberty of
the subject) they demanded also all the exertions of a professional
man.
" He, therefore, claimed to be heard as a barrister — he claimed
to be heard as a hoviseholder — as a citizen of Dublin. How could
the commissioner possibly resist this his just demand? By what
authority, and according to what precedent? In the courts of law,
high and low, of every degree, it never was held or pretended that a
barrister's assistance could be dispensed with. The House of Com-
mons admits that assistance. How, then, by what authority, and
according to what maxims of expediency or justice could that Court,
and that Court alone, reject ?"
Mr. Finlay, the other counsel for the citizens, followed with
an able argument ; but the commissioners were not to be moved.
The following were some of the remaining incidents of the
affair : —
" Sergeant Moore wished that the persons who had signed these
charges should come forward, in person, and substantiate them."
Mr. O'Connell. — " Mr. Day, with whom the government corres-
ponded, and whom they acknowledged as the agent of the memo-
rialists in this case, is in court. Memorialists appear by their agent
and counsel, Mr. Day and myself; each in our respective, but cer-
tainly differing capacities, stand here as their representatives.
" Sergeant Moore still declining to recognize counsel, ordered the
names of the memorialists to be read, and Mr. O'Connell observed,
that it appeared to him, ' as if they were now trying whether the
DANIEL O'CONNEI.L, ESQ., M.P. 215
government were justified in directing the inquiry to be made, not
proceeding to the inquiry itself.'
" William Bury, one of the memorialists, having denied that he
had any ground of complaint against the police magistrates, and that
he had been induced to sign the memorial by a misrepresentation.
'* Mr. O'Counell asked whether Mr. Bury read the paper before
signing it. Mr. Bury answering that he neither did not, or that his
having done so, made no impression upon him, was again asked did
he make harness for coachmakers ; which he answered in the
affirmative.
" Mr. O'Connell observed that he perceived he should soon get at
the ' LoKG and short of the matter' (alluding to Alderman Long, on^
of the police magistrates, and a coachmaker).
" Mr. Sergeant Moore expessed much anxiety to prevent an
opinion going abroad, that anything improper had been intended by
the Crown Solicitor's letter (which Mr. Bury had received and had
gone to consult the Lord Mayor upon) ere attending the court.
" The letter was then read requiring his attendance.
" Mr. O'Connell was willing to acquit the Crown Solicitor of any
unfair conduct ; however, it was remarkable enough that the only
one of the memorialists who had appeared was ' a dupe^
" Some other names being called over, without the parties answer-
ing, it was proposed to adjourn the court, but Mr. O'Connell thought
it necessary, previous to the adjournment taking place, that, among
the charges to be preferred against the police magistrates, was one
for using every possible exertion to induce persons who had signed
the memorial to retract their signatures. The police establishment
possessed a very extensive and powerful influence. Li its mercantile
character (for it embraced some persons of much weight in that line)
its influence was very considerable, and its corporate capacity con-
tributed also greatly to increase that influence. He was, however,
wishing to stand forward on the part of the individuals who employed
him, confident that they would not think of preferring charges
which they could not substantiate, or of retracting a signature which
they had once given. It was true, there might be found twenty, or
five and twenty Irishmen base enough to be intimidated, or induced,
by some other means, to retract what they had signed. He was
sure, however, that the persons who employed him were not of this
description. He had no doubt of their coming forward, but he could
not answer for the appearance of those who had signed the memorial
nine months ago, and some of whom might be of the description he
216 MEMOIR AND SPEECHES OF
before alluded to. It was possible, indeed, that they might not have
sufficient strength of mind or of principle to hold out against the
influence which he was instructed had been used to prevail with
them to retract their signatures.
" Mr. Guinness denied, in the most solemn manner, having ever
used any influence of the kind attributed to the police magistates.
" Mr. O'Connell was happy to have it in his power to inform Mr.
Guinness, that his name was not among those magistrates against
whom this charge was made.
" Major Sirr protested, upon his honour, that he never tried to
prevent any person's coming forward, and added, that whoever
asserted it was quilty of a gross falsehood.
" Mr. O'Connell. — ' Mr. Sergeant Moore, there are some expressions
which should never be used where gentlemen are concerned. As far
as relates to myself '
" Major Sirr — ' I beg leave to say, that I did not, in the very
slightest degree, allude to you, sir ; I think you have behaved, dur-
ing the whole transaction, in the most gentlemanly manner.' . . .
After some further dialogue of a desultory character, the
investigation was adjourned to the following Wednesday, the
21st of October. On that day the same parties attended, with
an increased and overflowing crowd of general spectators, the
case having excited the greatest interest in Dublin. Early in
the proceedings of this day, Mr. Sergeant Moore, and after
him, Mr. Disney, the second commissioner, announced their
positive and final determination not to allow of the interference
of counsel.
The latter made one effort more to assert what they deemed
their privileges, and failing in that, advised their clients not to
attempt to proceed any farther.
The following is the chief part of the report of the occur-
rences of the second day i —
" The remaining names were then ordered to be read over, and
Mr. O'Connell again rose and informed the Court, that he appeared
there on behalf of the memorialigts who were his clients, and if he
was permitted to proceed, he would be able not only to substantiate
the charges in the memorial, but many others of a more grievous
nature, and by credible and respectable witnesses.
DANIEL O'CONNELL, ESQ., M.P. 217
" Mr. Sergeant Moore still persisted in the determination of not
hearing counseL
" Mr. Disney expressed himself to the same effect.
" Mr. O'Connell said, he would bow with respect to any decision
Serjeant Moore and his brother Commissioner should please to make.
He could not, however, help regretting, that an inquiry which the
government had directed, under the seeming desire of gratifying the
aggrieved citizens of Dublin, should have no other effect than to
disappoint those expectations which had been naturally entertained ;
and that after having been led to form rational hopes of a fair and
impartial investigation, they had been allowed only the mockery of a
trial.
" Some allusion having been made to the number of persons in
court, he observed, that if it had been intended to conduct the business
in any other than a public mannei* — if there had been any idea of
making it a private inquiry, he should feel himself called upon to
enter his strongest protest against such a measure. That would be,
indeed, a most extraordinary method of meeting the wishes of the
public. Such a procedure was well calculated to shield delinquency,
but not to discover guilt. He wished that the evidence of his being
employed as counsel by five of the aggrieved individuals, and of his
appearing on their behalf, should be regularly entered on the minutes
of the court, to prevent any controvei'sy hereafter.
*' Mr. O'Connell and Mr. Finlay concurred in advising their
clients to proceed no further in this inquiry, as it had been decided
to prevent the assistance of counsel.
" Mr. Day, the agent for the memorialists, directed his witnesses
to leave the court. He subsequently, in direct terms, charged the
Under Secretary at the Castle, Sir Charles Saxton, with having lent
himself to the attempt, to persuade or frighten persons into with-
drawing their signatures from the memorial. A good deal of angry
discussion ensued ; but with no result, so far as any alteration in the
resolves of the Commissioners, relative to not allowing memorialists
the advantage of counsel. The advice of the latter was accordingly
adopted by the memorialists, and the futile attempt at obtaining
justice was abandoned."
On Thursday, the 5th of November, 1812, there was an
aggregate meeting of the Catholics of the county of Dublin,
held at Kilmainham, convened, according to the terms of the
requisition, "to take into consideration the propriety of peti-
218 MEMOIR AND SPEECHES OF
tioning parliament for the total repeal of the penal laws
affecting our (the Catholic) body," but, in fact, to afford an
opportunity of discussing the results of the elections just
concluded, and the conduct of particular parties in various
localities during those elections ; and, generally, the state and
prospects of the Catholic cause. William Gerald Baggott, of
Castle Baggott, was called to the chair.
When Mr. Baggott had concluded his short address, on taking
the chair, Randal M'Donnell, Esq., after some remarks in praise
of the conduct of the poorer classes of the electors during the
late contests, introduced the resolutions that had been prepared.
The first was merely to the effect that the Catholics should
petition. The second was as follows :
" That we deem the idea of annexing any conditions or restrictions to our
emancipation, under the name of securities, to imply a most unmerited insult
to our allegiance as to our understandings ; and that such idea originated with
our worst enemies, for the mere purpose of delaying the concession of Religious
Freedom, which we claim as a right — the concession of which we deem
essential to the safety of the country."
Then followed resolutions of thanks to their Royal High-
nesses the Dukes of Kent and Sussex, for their favour and
support to the Catholics ; and also to " the Bishop of Norwich,
Lord Donoughmore, the Right Hon. Henry Grattan, and other
illustrious supporters of our rights in Parliament;" and to the
Protestant friends of the cause generally.
6th Resolution. — "That from recent events, we deem it necessary to con-
jure the Cathohc Freeholders of Ireland, to strengthen their interests by
immediate registry, and to abstain from involving themselves in any promises
that may connect them with the supporters of an incompetent and profligate
administration."
Thanks were also voted to " Colonel Talbot" (the present
Lord Talbot) ; Luke White, Esq. ; Peter Locke, and John
Hume, Esqrs., for their attendance that day.
The two first-named gentlemen having severally returned
thanks, there were loud calls on every side for "O'Connell,
O'Connell ;" and, as the newspaper reports, " after a short he-
sitation, the Man of the People came forward and spoke to the
following effect :
" I could not be an Irishman, if I did not feel grateful, if I was
DANIEL O'CONNELL, ESQ., M.P. 219
not overpowered at tlie manner in which you have received me.
Sorry, sunk, and degraded, as my country is, I still glory in the title
of Irishman. (Bursts of applause.) Even to contend for Ireland's
liberties is a delightful duty to me. (Enthusiastic plaudits.) And if
anything is wanting in addition to the evidence of such humble
efforts as I have already been engaged in, for the restoration of our
freedom and independence, to evince my devotion to the cause of
my country, I do swear, by the kindness you have shown me now —
by 'any I have ever experienced at your hands, and by all that I
hold valuable, or worthy of desire, that my life is at her service.
(Applause.) And may the heavy hand of adversity fall down upon
me, and upon all that are dearest to me — the children of my heart
if ever I forsake the pure pursuit of the liberty of Ireland.
(Cheering for several minutes.) Gentlemen, we are now arrived at
a period, when we ai'e not only struggling for the interest of our own
religion, but for the liberty, security, and peace of our Protestant
brethren, both here and in England. (Applause)
" We are arrived at an important crisis, when a serious profession
Las been made, on our behalf, by the English parliament. This is
the first time that a declaration such as that to which I allude was
ever made in the senate. It is the first time that the voice of
religious liberty was really heard in the British parliament — the
first time that men were allowed to judge for themselves, and to obey
the divine precept, of treating others as they themselves would wish
to be treated. (Hear, hear.)
" The period is highly important, and calls for all the watchful-
ness, zeal, and assiduity of which we are capable. An administra-
tion (formed, heaven knows how !) have given us a specimen of their
acting a neutral part towards us. They have promised that they
shall not interpose their authority to interrupt the good intentions of
any man. Some of them have even pledged themselves to support
the Catholic question ; and, probably, half of them have given some
earnest of their improved liberality. I will, however, give them little
credit for sincerity ; I believe they would not even pretend to lay
much claim to our confidence — they have too much modesty to expect
to be believed by us (Laughter, and cries of hear, hear) — we have, I
believe, without paying much attention to the professions of the
Cabinet, aiTived at a most important crisis. It behoves every man of
us to do his duty, and to take care that we shall lose none of the im-
portant acquisitions we have made. This very administration of
whom I am speaking, notwithstanding all their fair promises, have
220 MEMOIR AND SPEECHES OF
been busily employed in throwing new impediments in our way
since last session. But those impediments shall do us little injury
if we do our duty. They certainly are our natural enemies — they
hate liberty — they have an inherent abhorrence to freedom, and
their hostility to us is particularly embittered by our contempt for
them (Loud applause) ; yes, gentlemen, such are the men whom
you, in your resolutions, have justly termed, 'incompetent,' and
' profligate' — such are the men who now command the destinies of
those realms, and, probably, the fortunes of Europe. (Hear, hear.)
" I am afraid, gentlemen, that I shall take up too much of your
time if I advert to some topics that are crowding upon my mind.
(Cries of no, no, go on, go on.) The first I should be inclined to
allude to is, an address, lately published by a real friend to religious
liberty, and printed by Mr. Cobbett, a distinguished colleague of his,
in the exposure of public corruption — I mean Lord Cochrane, one of
the members for the city of Westminster, than whom no man
deserves better of every real admirer of political integrity and
patriotism.
" This distinguished member observes, that he was once opposed to
tlie Catholics, because he disapproved of the slavish doctrines which
prevail ' in the Romish Church.' It is some consolation, gentlemen,
that there is some person who can assure ministers, there is no
danger in granting us emancipation — we are not too fond of liberty.
(Laughter.) But, gentlemen, see the consistency and rationality of
our calumniators ! At one time they say we are agitating democrats,
crying aloud for an unwarrantable portion of freedom : the very
next moment they turn round and tell us, that we have a marvellous
propensity for slavery ! (Loud cries of hear, hear.) The truth, how-
ever, is, that their accusations are false in both instances ; we do not
go to excess on either side ; we are partial to a legitimate and well-
modelled monarchy in an hereditary line, and we, at the same time,
reverence the majesty of the people. "While we bear a true allegiance
to the British constitution, we still say, that life is not worth enjoy-
ment, without the blessings of freedom. (Reiterated applause.) Lord
Cochrane admits that he is converted from his original antipathy to
Catholics, and he says he is now ready to grant them all the immu-
nities he himself enjoys, if, in the first place, they accept tlie privileges
of Englishmen, and if, in the second, they renounce the jurisdiction
of the Pope. I say, we are most anxious to obtain the privileges of
Englishmen. Let Lord Cochrane recollect what the first Irishman
that ever was born said at Newry.
DANIEL O'CONNELL, ESQ., M.P. 221
[" Here the learned gentleman was interrupted for several minutes
by the acclamations of the assembly.]
" I am not surprised — continued Mr. O'Connell, when silence was
again restored — I am not surprised that you should feel the most
extatic emotions of the Irish heart, when I but allude to the name of
John Philpot Curran. (Renewed cheering.) It recalls to us every-
thing that is dear or interesting in our history — it pronounces every-
thing that we are proud to live with in this age, and everything that
shall be estimable in the minds of posterity. (Loud applause.) I
know the name of John Philpot Curran has conducted you back
involuntarily to that most awful era in our annals, when we were
deprived of our independence, and metamorphosed into the colony
of a people, who were not, and who are not, in the least, worthy of
being our masters. But, my friends, if we are true to ourselves — if
Protestants and Catholics be alive to their commonest and most
intimate interest, we may, profiting among other aids, by the assist-
ance of this very idol of ours, to whom you have just paid your
affectionate tribute — we may, I say, become a kingdom once more !
(Thunders of applause).
" I had adverted to what my most venerated friend, John Philpot
Curran, said at Newry. I would take leave to remind Lord Coch-
rane of it, assuming it to be the expression of Catholic feeling. The
Irish Cicero there observed, that Englishmen love the privilege of
being governed by Englishmen. I would tell my Lord Cochrane,
that Irishmen fully as highly value the privilege of being governed
by Irishmen. (Long continued applause.)
" The second proviso of Lord Cochrane is one merely of a polemical
description. He wishes to destroy the jurisdiction of the Pope. I
would ask of him, in the name of Christian charity, has he not our
solemn oaths to satisfy him ? (Hear, hear, hear.) "We are degraded,
excluded, and insulted, because we regai'd the obligation of an oath
^ — because, for any favour earthly power can bestow, we would not
violate our consciences ; and still, though this fact is clear and patent
before the world, we are insulted, by being told that our oaths are
not a sufficient security for our allegiance ! It is most amazing how
men will presume to play with our feelings. We show them that we
would be willingly bondsmen to all eternity, sooner than violate our
oaths ; yet they demand, as a security, a breach of the precepts
of our religion — not thinking even an oath from such people suf-
ficient. (Hear, hear.) In the course of my professional pursuits, I
222 MEMOIR AND SPEECHES OF
have been one hundred times compelled to swear that I did not
think it lawful to commit murder. (A laugh.) You laugh, gentle-
men, but what I tell you is not a greater absurdity than Lord
Cochrane's proposed pledge. But see how the imputation which
such men would throw upon us, would operate as api)lied to an
individual in private life. They demand a pledge of us, saying, by
implication, that we do not value an oath. Why, if any man in the
community had the audacity to tell me directly that I did not value
an oath, either he or I should not long survive such a flagrant
insult. But we are told we have predelictions — we do not deny the
charge. As for my part, I do not value the man who has not his
predelictions and resentments ; but, at the same time, Lord Cochrane
may be as much afraid of our predelictions for the grand [lama
of Tartary, as for the Pope of Rome. (Hear, hear.)
" Those imputations upon our value for an oath evince only the
miserable ignorance of our opponents, with regard to our principles
and our uniform conduct. They bring to my recollection, again, the
words of the great Curran at Newry, and serve to convince me still
more of their entire justice, when he said, ' that they are unfit to rule
us, making laws, like boots and shoes for exportation, to fit us as
they may.' (Long continued applause.)
" I have taken up much of your time, gentlemen, but I confess I
am anxious that the people of England should know us. If Lord
Cochrane was here, I do not think that we could fail to convince
him of the mistakess he has fallen into. We are no deluders or
traitors — we do not make promises to violate them. There is a long
tribe of wretches who accuse us of treachery ; if they, indeed,
revived their slanders, they should not obtain a reply. This junta
constitutes the worst and vilest herd of the community. Whenever
the invader touches our shores they will be the first to join him ;
while we, the insidious and agitating demagogues, are ever most
ready to oppose him. And why should they not sell their country ? —
surely, they sell it to the minister. They may as well sell it to
Bonaparte as to Lord Castlereagh, if they be proportionately re-
warded. (Hear, hear, hear.) This tribe, I say once more, ac(!used us
of an insensibility to moral obligation. I would not condescend to
answer them ; but Lord Cochrane deserves a reply ; he is a friend to
civil liberty — a man, whose bravery in the battles of his country
is not more distinguished than his integrity in the senate ; it
is a useful occupation of time, to labour to disabuse his mind of
DANIEL O'CONNELL, ESQ., M.P. 223
prejudices adopted, doubtless, without consideration ; his charges
merit an answer, and if he were here, they would, I trust, receive
a full and satisfactory answer.
" But, turning from the events and scenes that are taking place at
the other side of the water, and contemplating what is going on in
this country, let us examine what there is to interest us. The elections
are in some places even still going forward. I am told the Catholics
have considerably lost by the appeal to the people. (Hear, hear.) In
one place they have lost, and lost to an incalculable amount, indeed.
Christopher Hely Hutchinson has lost his election in Cork! (Cries of
shame, shame, and hear.) I the more regret this misfortune, because
it was not the efforts of a profligate minister that rejected him — not
the anger that has followed his family, ever since one of them, with
a patriotic and. Roman-like resolution, drew the veil from the infamy
that has kept you in slavery — from that nauseous luxury of enjoy-
ment, in which the wine-bearer's voice is decisive, when he pro-
nounces that ^you shall be still kept in bondage. (Applause.) He
failed — Hely Hutchinson failed — not because the attendants at the
Castle were despatched to uphold, his opponents — not because our
worthy Viceroy expended any of his private property in opposition
to him — the profits of the coal tax in London, or the £30,000 he
is allowed as a slave. Christopher Hely Hutchinson is out of par-
liament, not because he is not a friend to the liberties of mankind, an
ornament to his country, a credit to human honour and integrity,
but he has failed because of the apathy of Catholics! (Loud cries of
shame, and hear, hear.)
" The negligence — the wicked and pernicious negligence of Catho-
lics did against him what neither the frowns nor smiles of administra-
tion— the favour nor the anger of the Court, could do. Catholics
neglected to register their votes in time, and thus they inflicted, upon
our cause, one of the greatest and heaviest calamities that could befal
us. (Hear, hear.) With what contempt do they now look upon them-
selves ! Do they not despise themselves and their criminal negligence ?
But let not the lesson be lost — let it be proclaimed and spread as
widely about as intelligence can reach. Let every man who hears
me bear it strongly upon his mind, and communicate to his friends,
that the neglect of the Catholics of Cork, in registering their votes,
was the sole cause of our losing the services of an admirable Irish-
man. (Loud plaudits.)
" With the single exception of Cork the elections have been
decidedly in favour of us. In Gal way, indeed, there is not much to
224 MEMOIR AND SPEECHES OF
applaud. At the head of the poll is Mr. James Daly, a nephew to
Mr. Justice Daly, who sits on the bench, because of having voted for
the Union. (Hear, hear.) The honest, manly, and incorruptible
Denis Bowes Daly ought to have been returned without expense,
and ought to have been in the place of the other gentleman. This
upright Irishman has sat for thirty-six years in parliament, without
ever giving a vote against the interests of his country ; and ive are
told that there shall be a dubious contention between this well-tried
patriot and a Mr. Eyre, a man who never did anything, but who
tells us that he will do something. Meantime, the judge's nephew
will be returned in spite of fate. (Hear, hear, and cries of shame.)
This instance of ingratitude is truly lamentable, and most discre-
ditable to those who are its authors ; and whilst other counties are
exhibiting the most cheei'ing proofs of true public spirit, this falling
off in Galway should be proclaimed to the reprehension of the
world. (Hear, hear.)
" In Tipperary, General Mathew and Mr. Prittie are at the head
of the poll. (Loud cheering.) All the efforts of Bagwell — all that
private friendship and public corruption could effect — all that the
influence of the Court could avail — all that favour, traced to the foot
of the Throne, could perform, were unavailing. Catholics and Pro-
testants stood and acted firmly together, and Mathew and Prittie
were triumphant. (Loud cheers.)
" Nearer home, however, we have not so pleasing a prospect of
popular success. Mr. Clements, a decided enemy of yours, is in ;
and Mr. White, whom you have so justly thanked and applauded this
day, is out ; but I trust there is still public spirit enough to return
him, and add him to the list of your friends.
" In Wexford you have got two additional advocates.
" In Downpatrick, even, John Wilson Croker, of the admiralty,
has, to use a northern phrase, been kicked out. (Laughter and
cheers.) I remember about six years ago, when this gentleman and
T were going circuit together, his Protestantism did not keep my
Popery much in the back ground. (Laughter and cheers.) If, however,
he were not a Protestant, I verily believe he would have been
doomed to drudge all his life at the bar, though he has been, since
that time, in parliament, and is now rewarded with a situation in the
admiralty.
" In Drogheda we have got Meade Ogle, and have got rid of
Foster. (Hear, hear.)
" But,' surely, in Trinity College, we have not only been emanci-
DANIEL O'CONNELL, ESQ., M.P. 225
puted iVom another Foster, but we have had an accession to our
vStrength, in that credit to Ireland, that ornament to the bar, and
that honour to human intelligence, William Conyngham Plunkett.
(Loud applause.)
" I need say little of Dublin. The corporation are involved in
debt, and Jack Giffiird, the police magistrates, and Billy M'Auley,
could not muster votes enough to get up any man in opposition to
Mr. Shaw, whose great crime it is to have acted honestly and con-
scientiously. The ^felonious rabble' of the corporation, if I may use
the delicate expression of one of its members, had not courage to
produce one person to oppose Henry Grattan, who ' watched
Ireland's independence in its cradle, and followed it to its tomb 1'
" I have not called your recollection to the county of Dublin,
where Mr. Hamilton, who had the credit of relinquishing his preju-
dices to you, was returned without opposition, because he discharged
the trust you reposed in him faithfully and honourably ; and where
that truly excellent Irishman, Colonel Talbot, was returned also
without opposition. (Here there were the most enthusiastic accla-
mations which lasted for several minutes.) Gentlemen, I am sorry
that Colonel Talbot is present, because I am thus restrained from
saying what my heart dictates, and his merit demands. He speaks,
acts, and thinks like a true and genuine Irishman. Register your
votes, and let him be ever sent to watch your interests as he has been
at this election — namely, without the vexation of any opposition.
(Loud applause.)
" Such is the state of the elections — such is the state of your
cause. Is it not demonstrative, that if you had a Protestant parlia-
ment in Ireland, they would emancipate you ?
[" The manner in which this sentence was received by Mr.
O'Connell's auditory is described as having been enthusiastic almost
beyond any former experience. The applause was taken up again
and again, for many minutes, with unabated, and almost increasing
warmth, and it was not for a long time that he was suffered to
proceed.]
" In the county of Clare, I forgot to say, the Chancellor of the
Exchequer is thrown out. The Catholics of this county have
covered themselves with eternal honour. All the money of the
treasury was without influence to seduce them from their duty.
Relinquishing, as was the case with numbers of them, the closest ties
of intimacy, friendship, and kindred, they nobly told the Chancellor
that they had every good wish for his interest, but that their country
226 MEMOIR AND SPEKCHES OF
had the first claim upon them and upon their votes. (The loudest
applause.)
"The Ponsonby family have succeeded in the north. If the
north was disgraced by the return of a Yarmouth or a Castlereagh,
there is sufficient consolation in the circumstance I have just men-
tioned, to make us well pleased with our liberal Protestant brethren,
in that portion of Ireland. In speaking of Lord Castlereagh, I do
not know how to select words to adequately express my feelings. I
should become an old man in foaming out the torrent of hatred
and indignation with which my bosom teems. He is not here at the
present moment ; but I do not feel myself the less authorized to
speak of him as an honest and injured Irishman should speak; because
there are people here, I am well persuaded, to convey to him the lan-
guage I use. Mr. Wellesley Pole boasted of his having people behind
the curtain at every Catholic meeting. His successors, I suppose, have
imitated his wisdom ; and as there is, therefore, some spy, in all
probability, lurking to apprise Lord Castlereagh of what goes
forward, I have not i-estrained myself. Let the man who buried thou-
sands of our brave troops in the marshes of Walcheren, and destroyed
the springs of his country's liberty, know the feelings which are
experienced by an Irishman, when his name is mentioned. (Loud
applause.)
" To counterbalance the gloom that is thrown over the mind
when the success of an enemy to the cause of Ireland is contem-
plated, I might exhibit the prospects that are presented by the
residence of the young Duke of Leinster amongst us. (Loud accla-
mations.) Inheriting such a load of the virtues of his ancestry, his
promises are great. Indeed there is something in the name of
Fitzgerald to cherish and console Ireland under the heaviest
afflictions. (Loud applause.) Let us hope that those virtues only
want an opportunity of action to prove advantageous to the empire.
Let us hope that he is at this moment at the meeting in Kildare,
commencing a career of glory to himself and usefulness to Ireland.
(Cheering.)
" Mr. O'Connell next adverted to the disgraceful efforts that have
been made in the counties of Sligo, Leitrim, Roscommon, and Long-
ford, by a disgraceful no-Popery faction, to agitate and disturb the
public peace. To those, however, was to be opposed that formidable
and imposing document, the Protestant petition, signed by every-
thing of wealth, respectability or talent that was to be found
throughout the country. He named to a few of the no-Popery
DANIEL O'CONNELL, ESQ., M.V. 227
agitators, whose titles and peculiarities excited much laughter, a Mr.
Steward Corry, a Mr. Owen Wynne, an encourager of pigs, and
brother to the caterer-general of the Castle, and a Mr. Counsellor
Webber, who was an assistant barrister, or in the words of the great
Flood, who had once availed himself of the ' refuge Jbr tried
incapacity.' In one county, he said, an obscure clergyman was
the author of a string of anti-Catholic resolutions. But the
hypocritical affectation of liberality in those gentlemen. (Hear,
hear.) Catholics were their loving brothers — everything delightful,
iind sublime, and affectionate. (A laugh.) They love us, but
they desii-e us to continue slaves — they desire us to fight for them
and pay the taxes, but they keep the reward to themselves. Mr.
O'Connell descanted, at length, upon the necessity of agreement and
unanimity between all classes at this awful crisis. Pie said it would
be much more creditable and wise in ministers, at this juncture, to
enter into a treaty of amity with the Catholics of Ireland, than
lavish a subsidy of eighty thousand pounds upon Bernadotte — than
build hopes upon the insurrection in Paris — form alliances with a
chieftain in South America, or conclude arrangements with the
Dey of Algiers. Mr. O'Connell concluded amid acclamations of
applause.
" The resolutions were then put by the chairman, one by one, and
carried unanimously.
" An additional resolution was then brought forward by Nicholas
Malion, Esq., to the following eiiect : —
" 'Resolved — That the thanks and support of this meeting are eminently due
to the author of the Statement of the Penal Laws (Denis Seully, Esq.) for the
zeal, patriotism, and ability with wliich he has published to the country the
many grievances which atiect the Catholics of Ireland.'
" On the resolution being put from the chair, Mr. O'Connell said
that he could not avoid noticing one among the many tricks which
were attempted to be played off upon the people.
" There was what purported to be and w'as styled a ' Third State-
ment of the Penal Laws, which aggrieve the Catholics of Ireland,'
published at Jack Giffard's office, and compiled by two notable
individuals. It contained only those laws which were passed when
the inhabitants of Ireland were wholly Catholic, and where the
government intended an insult, they had, in fact, conferred a compli-
ment.
228 MEMOIR AND SPEECHES OF
" Mr. O'Connell then seconded the resolution of thanks, which was
put from the chair, and passed unanimously.
" Mr. Kirwan said, that when his respected friend, Mr. O'Connell,
was upon the topic of the Cork election, he thought something would
have been proposed to ensure a seat in the next parliament to that
most distinguished patriot, the Hon. Christopher Hely Hutchinson,
a man not more celebrated for splendid talent than for pure and dis-
interested love of country.
" He proceeded to suggest that a borough might be purchased for
Mr. Hutchinson ; and added, that he was authorized to say, that * a
sum of one thousand pounds was in readiness to be subscribed
immediately,' for that purpose. He concluded by moving that Mr.
O'Connell should be requested to frame a proposition, pledging the
Catholics to procure a seat for Mr. Hutchinson.
" Mr. O'Connell declared that he was extremely obliged to his
friend, Mr. Kirwan, for his suggestion ; and expressed, in the
warmest terms, the gratitude which he conceived the Catholics of
Ireland, and Ireland herself, owed to Mr. Hutchinson and to his
illustrious family.
" But he was aware, from his professional knowledge, of a circum-
stance which would make it imprudent to pass a public resolution of
the kind Mr. Kirwan proposed. There was a special and express
act of parliament, declaring that no money should be directly paid
for seats in the legislature ; though it was well known that indirect
means were pretty extensively and unhesitatingly put in motion for
that purpose.
" Money, he believed, was little regarded by true Irishmen, when
put in competition witli the expression of their feelings, and gratitude
was one of the most ardent and liveliest feelings of the Irisli heart.
This proposition had been before in contemplation, but it was wished
that the'Catholics of Coi'k, who formed so wealthy and influential a
body, might be allowed an opportunity to retrieve their error, in
some degree, by sending Mr. Hutchinson into parliament.
" They had already offered to defray the whole of the expenses
and charges to which he had been put, but he had utterly refused
to allow them to do so. He (Mr. O'Connell) would, however, write
to Cork that night, and if immediate steps were not taken by the
Catholics there, to ensure their late worthy i-epresentative a seat, he
pledged himself that indirect means should be used, without delay,
DANIEL O'CONNELL, ESQ., M.P. 229
for the attainment of that object. One of the first names that
Ireland could boast — one of her most steadfast patriots — one of her
dearest sons, had authorized him to put down his name for four
hundred pounds, and to extend it to five hundred, if it should be
found necessary.
" Another gentleman, to whose private worth he was happy to
bear testimony, however he might disapprove of his late public
conduct, had empowered him to put down his name for one hundred
guineas, and to increase it to two hundred guineas, if it should be
found requisite. This last gentleman was Mr. John Lalor, of
Cranagh.
[" The allusion was to Mr. Lalor's being reported to have voted
against the popular party at the late election.]
" He (Mr. O'Connell) had no doubt that Mr. Hutchinson would
sit in the next parliament ; and though he did not take up the
resolution suggested by his excellent friend, Mr. Kii-wan, he was
happy to seize upon the opportunity to propose a resolution approving
of Mr. Hutchinson's conduct, and couched, so as to express, as
nearly it as was possible for words to convey it, the gratitude which
the Irish Catholics felt towards that gentleman.
" Ml'. Hutchinson had always shown himself the intrepid defender
of his country. At the time of the Union he was opposed even to
his own family. At that time he said that it was lawful for the
people of Ireland to defend their constitution in the field — that the
Catholics and Protestants ought to bury their mutual prejudices in
oblivion — turn out together— Jig ht for the liberties of their common
country — preserve them or die !
" Mr. O'Connell concluded by moving the following resolution,
which was carried unanimously, and with the greatest applause : —
" ' Resolved — That we feel it beyond the power of language to express the
zeal and devotion with which the Catholics of Ireland are bound to the Hon.
Christopher Hely Hutchinson, for hi uniform conduct in the Irish and English
House of Commons.' "
How sadly the reading of these proceedings brings on the
mind again the recent loss to Ireland of that true-hearted and
high-minded patriot, the Hon. George Hely Hutchinson,
nephew of him in whose favour the foregoing resolution was
passed !
It may be permitted to one who had the many opportunities
of knowing his worth, which the details of committee business in
230 MEMOIR AND SPEECHES OF
the Repeal Association afforded, to express the conviction that
a man more sincerely, disinterestedly, and whole-heartedly
devoted to the best interests of Ireland — to the restoration of
her parliament — never existed than he, whose loss we have now
to deplore.
The expressions quoted in the foregoing speech were used
by Mr. Curran, in an address of his at Newry, where he had
just lost his election. The worst feature in this circumstance
was, that his Orange opponent, General Needhara, received the
active support of several leading Catholics of that toivn, members,
too, of the Catholic Board.
Their delinquency in this respect, and similar misconduct of
prominent Catholics elsewhere, excited a very just and general
indignation throughout the country.
At every election since, there have, unfortunately, been some
instances of this recreancy. Catholics have been found to vote
for their bitterest enemies, in opposition to the advocates of
their rights, and of the liberties of their country. This, un-
doubtedly, was criminal in the Catholic elector of low degree,
because the violation of a conscientious duty cannot be otherwise
than a crime. But for multitudes of the humbler offenders in
this regard, at the various elections from the time Catholics
were re-admitted to the franchise, down to our own days, there
have been, not the excuses, but the extenuations of impending
ruin and starvation ; whereas, the wealthy Catholics who have
so offended, have no excuse whatever.
Even at the election of 1841, when the war-whoop of the
worst bigotry was revived, when the no-popery yell drowned the
voice of reason and remonstrance among so many English con-
stituencies, there were Catholics, men of wealth, found to go
against their country, and give their support to the pledged
supporters of intolerance and oppression. Partly these lamenta-
ble facts are attributable to the common frailty of human nature ;
more, however, to the dregs of old servility remaining in the
blood of men born in servitude.
Mr. O' Council has frequently said — and his remark is con-
firmed by very many others — that during several years of the
present century, nothing was easier than to know a Catholic in
the streets, by his subdued demeanour, and almost crouching walk.
DANIEL O'CONNELL, ESQ., M.l'. 231
That outward mark of degradation has disappeared ; but two
many, at least, of the wealthier classes among the Catholics,
manifest that the feeling from which it proceeded is yet existing
within, prompting them either to the open flagrancy of giving
their votes, at elections, to their old oppressors, or observing
towards them, in the ordinary affairs of life, a miserable sub-
servience and complaisance.
Altogether, even where these delinquencies cannot, with
justice, be attributed, there is, among the Catholics of the upper
classes in Ireland, some want of a proper appreciation of them-
selves, both in sentiment and action. There is too much of a
disposition to take and act upon what are falsely called moderate^
but are really mean and debasing views, in all matters where
Catholic interests come into question. There is too much of a
disposition to false candour, and to paltry and derogatory com-
promise, in the idle hope of conciliating and securing something
of a corresponding return, which last is never made. The
party that have been in the ascendancy in this country, preserve,
to the full, as much of the old habits of that ascendancy as the
meanest-spirited Catholic does of the old habits of his degrada-
tion— and they take all concessions and conciliatory self-depre-
ciations on our side as matters of course, quite proper for us to
make, and by no means imposing on them the necessity of doing
much by way of return.
Such is the habit of mind with the better portion of that
party ; with the vulgar amongst them, these overweening con-
cessions are matters of infinite jest.
This state of things should not be. It is not fair towards
ourselves, of course ; but, also, it is not fair towards the party
thus encouraged in its old prejudices.
If this country is to enjoy that blessed unity among men of all
religious professions, for which, in political matters, every one
who loves her is bound so earnestly to struggle, a really firm
and lasting cordiality can only be secured by that which is found
the best and most lasting foundation of friendship between man
and man in private life, namely, the creation and maintenance of
a mutual respect. So long as one set of men are taught, either
by the current of a partial legislation or by the injudicious con-
232 MEMOIR AND SPEECHES OF
cessions and compromises of another portion of the community,
to consider themselves the superiors of that other portion, so
long there can be no real amity in that community.
The existence of that amity is rendered still more impossible,
by the fact, common to human nature, that those who cringe
and concede unworthily to gain an end which they think not
otherwise attainable, are exactly the persons most likely to offend
in a contrary way, when they no longer see anything to be
gained by persevering in servility.
Passing these reflections, of which even the most ordinary
observer of Irish affairs cannot fail to perceive the very constant
relevancy, we resume our immediate subject.
On Saturday, the 7th of November, 1812, the Catholic
Board re-assembled at their rooms in Capel-street, when a good
deal of angry feeling was manifested towards those who, in the
words of one of the. parties present, had, "under any pretence
whatsoever, supported a no-popery retainer, or partisan, at the
elections."
Notice was given by Mr. Lawless (so long afterwards better
known as " Jack Lawless"), of a resolution condemnatory of the
individuals alluded to, and declaring that they "had utterly
forfeited the confidence of the Catholic Board."
Mr. O'Connell gave notice that he would bring forward a
motion, on the ensuing Saturday, that another grand dinner
should be given, some day in December, to the friends of reli-"
gious freedom.
Upon the day mentioned, the board accordingly met ; and the
question as to the dinner came, in point of form, first under con-
sideration. To this Mr. Byrne objected, as a matter of insig-
nificant importance compared with that involved in Mr. Lawless's
notice.
" Mr. O'Connell differed widely from Mr. Byrne : the dinner, if
its own intrinsic worth were considered, was, certainly, of little value,
and to none of less value or consideration than to himself ; but it
would, in his opinion, have the good effect of bringing Irishmen
together in awful and dangerous times — keeping alive in their minds
the great constitutional objects for which they were labouring, and
DANIEL O'CONNELL, ESQ., M.P. 233
uniting them more firmly and lastingly in the bonds of mutual
attachment, and in the legitimate pursuits in which they were
engaged.
" He had but few words to say upon this subject, because he
really thought it did not admit of controversy, or stand in any need
of illustration. He had only to propose, that the entertainment he
contemplated should be given to a limited number of their Pro-
testant friends. There was quite too much inconvenience on the last
occurrence of this kind, from the vastness of the crowd that the
liberality of the day had enabled them to assemble togethei-, and few
had been able to enjoy the meeting as they could wish. He thought,
therefoi-e, that it was very expedient to limit the number of invita-
tions to two hundred ; he was strongly impressed with the expe-
diency of this arrangement ; no room would accommodate more
satisfactorily, or enable them to include half of the upper classes of
their patriotic friends, though a small one, it seems, is ample enough
to contain all the freemen of Dublin, who qan be bribed to oppose
them, or to burlesque the present notable administration, by applying
to them the epithet ' dignified.'
" He would again say that, in his mind, there could be no question
as to the utility of once more meeting the friends to Catholic liberty
and to Ireland. When another pitiful crusade was set on foot by
their contemptible enemies, it was necessary, by arming themselves
with new zeal, and union, and unanimity of their friends, to guard
against it. It could not escape recollection, that a fragment of
^ grand jury have, within a few day?, been goaded into the politic
act of representing the Catholic board as a nuisance. This base in-
sinuation demands something from the Catholics of Ireland. He
thought, indeed, every individual should think it deserving of his
personal notice ; and, as for himself, at least, he would take an
opiiortunity of evincing his sentiments upon the baseness of those
who would meanly insinuate it, without having the courage to
assert it.
[" Here there was a general expression of disgust at the conduct of
the gentry alluded to.]
" Their conduct (said Mr. O'Connell) cannot be viewed by any
liberal man without feelings of indignation and contempt, sanctioned,
as they were, by a man whose hand is not yet cold from embracing his
Catholic friends at a public hustings, and whose voice has yet
scarcely ceased to imprint upon their ears professions of regard and
everlastinar attachment."
234 MEMOIR AND SPEECHES OF
Mr. O'Connell, after some pointed observations upon the new
efforts that are making to destroy the hope of Ireland, concluded
by moving :
"That a grand dinner be given, on some convenient day in December, to
the friends of religious freedom ; and that the number invited be limited to two
hundred."
The limitation, however, appearing decidedly against the
sense of the meeting, Mr. O'Connell withdrew that part of the
resolution, and the remainder was passed without further oppo-
sition or remark.
Mr. Lawless then rose to make the motion of which he had
given notice ; but was for a few minutes interrupted by the
chairman. Lord Fingal, who entered a protest, by anticipation,
against being personally bound by the decision of the board,
should they adopt Mr. Lawless's motion.
The latter gentleman resumed, with some observations upon
this declaration of the chairman, the spirit and tenor of which
he deprecated, and then proceeded with his motion, animadvert-
ing particularly on the conduct of Mr. Caulfield, of Newry, who,
though a Catholic and (still more) a delegate, had not only
not voted for Curran, but had actually polled for his adversary.
The motion was seconded by Dr. Sheridan ; after which two
or three gentlemen spoke against it ; and, stating various
excuses for the conduct of the parties whom it purported to
censure —
Mr. Byrne made the following defence for Mr. Caulfield, who
was, as we have before noticed, more particularly censured : —
" With respect to Mr. Caulfield, he had been under obliga-
tions of a most binding nature to General Needham. In the
dreadful year 1798, Mr. Caulfield had been taken up on suspi-
cion, and it turned out that the suspicion was ill-founded; as,
indeed, proved to be the case in so many other instances. He
was, however, for a long time detained in a dungeon ; and the
friends of the candidate for whom he has recently voted, em-
ployed all their interest to obtain his release.
" When they succeeded at length in obtaining it, it was sent
to Mr. Corry, in the country, and that gentleman kept it eight
or ten days in his pocket, suffering Mr. Caulfield to languish in
DANIEL O'CONNELL, ESQ., M.P. 235
confinement. At that time, and long subsequent to it, the
received opinion was, that if any candidate were to start against
General Needham, Mr. Corry would be the man. Under this
misconception, Mr. Caulfield gave his promise to support the
candidate to whose exertions he should be indebted for his
liberty." .....
After some other gentlemen had spoken, Mr. O'Connell rose
and said :
" He had very little to offer on the present occasion. He had no
doubt, and he believed the board had no doubt, of the propriety of
inflicting their great and heavy punishment of their censure on men
who had yielded to the basest motives of betraying their country. It
was not only the duty of every man who gave his vote, to pledge the
candidate, not only to the support of Catholic Emancipation, but also
to the exertion of every means in his power to oppose an incompetent
administration, and to support the rights of the country. But he
was sure that a meeting of Ii'ishmen — of Catholics, and of gentlemen,
would not confound the base and despicable betrayer of his native land,
the shameless deserter of the tried friends of the cause, and the man
who had acted, from an impulse the most honourable to any man, that
of I'edeeming plighted faith.
" You seem to find it difficult to draw the discriminating line
yourself; and how much more so will it be for the public. If an
indiscriminate stigma of this nature were to be sent abroad, it would
be easily converted into the instrument of private malignity. This
air-drawn dagger which you sent forth to the world would be
soon presented to the breasts of, perhaps, meritorious individuals, to
gratify the purposes of malice and revenge. It would be made the
weapon for avenging injuries committed, or supposed to be committed,
upon individuals in private life, and thus, instead of carrying the
weight and dignity of a censure pronounced by a great body after
difficult evidence of its justice, it would dwindle into the petty, but
mischievous character of a tool, which every ill-minded man miglit
seize upon to satisfy his private resentments.
" It was true there had been room for censure. But the board
should, at least, give those persons an opportunity of satisfying them-
selves before it inflicted punishment upon them ; it should hear
before it decided. The censure involved the most serious considera-
tion. It was one which would not only affect the individual, but
would be handed down to the latest posterity. It should, therefore,
23G MEMOIR AND SPEECHES OF
be resolved npon with the greatest and most mature deliberation ;
not when the assembly was heated by the remembrance of recent
election contests, heated by a warm and protracted discussion, and
doubly excited by description of the transcendant merits of John
Philpot Curran — merits which it is impossible to do justice to. He
would ask whether such was a moment to pass a grave and solemn
censure, and to pass it in such a form that it may be applied to the
very last man in the community to whom the board would wish to
extend it — a man who has ever been the most steadfast supporter of
the cause, and who would freely lay down his life for it. It may be
said he deserves it ; if so, inflict it ; but do it manfully, openly,
honourably. Let it not be said that you decided without trying —
that a tribunal of Irishmen would even risk the charge of visiting an
Irishman with injustice. It would be cowardly to rob a man of his
character in the dark. Those men may have cases to make ; they
should be permitted to make them.
'* With respect to the political principle, he conceived the board
possessed the power. It would be impossible, for many reasons, for
an aggregate meeting to inflict the censure; and as to sending
members back to the counties, that would be recognizing the principle
of repi'esentation, which they denied in the most positive manner.
The members of the board were not representatives, but they con-
tained within them the mere and uubought feeling of Irishmen, and
to that feeling he would appeal for justice to the character of a
gentleman. You are now acting upon ex post facto law. It is
possible that reasons may have existed for this conduct and sure you
are not to put those persons to the bar of the Irish people, without
hearing them. He would propose an adjournment for a fortnight.
If gentlemen were right in adopting the censure this evening, they
would be equally so this day fortnight, and it would come with
double weight when resolved upon cooly, without being inflicted by
a panegyric on the merits of Curran, of Hutchinson, of Mathew, or
of another, whom Mr. Lawless forgot, Prittie. The board, by pas-
sing the present resolution, will assist to shield the real delinquent,
by laying part of the blame upon worthy men. He concluded by
moving an adjournment, which was seconded by Nicholas Mahon ;
and, after a short additional discussion, carried, on a division, by a
large majority."
On Saturday, the 28th instant, the discussion was again
revived, in a densly crowded meeting- of the board. Mr,
DANIEL O'CONNELL, ESQ., iM.l'. 237
O'Connell called the attention of the board to the unwarrantable
exercise of authority by certain individuals, who had taken upon
themselves to issue summonses to attend the adjourned debate
on Mr. Lawless's motion. He also proposed a further adjourn-
ment until the following Monday, to some larger place of meeting,
where there would be room for the immense crowds which had
that day assembled, blocking up the passages, and crowding even
the street below. It was, however, determined to remain where
they were ; and the debate proceeded on Mr. Lawless's motion,
put in the following shape : —
" That such persons as had deserted the tried friends of the Catholics at the
last general election, were no longer deserving of their confidence."
After several very animated speeches />?-o and con, M. O' Gor-
man (Nicholas Purcell) moved, by way of amendment, to add a
sentence, approving the explanations offered by Mr. Lalor, of
Cranagh, and some of the others originally inculpated.
" Mr. O'Connell supported the amendment, but not as an addition
to Mr. Lawless's motion. The original resolution he considered to
be one of the most unj ust, indiscreet, and inconsistent that could pos-
sibly have been conceived. It would atfect any man and every man.
It would sacrifice men who had ever evinced the utmost anxiety and
zeal for the promotion of the Catholic cause. It would go to divide
the body, and interrupt that harmony which was acknowledged upon
all hands to be of the most vital importance. It would carry the
broad inconsistency upon the face of it, of censuring persons who at
the same time were held to have satisfied public opinion.
" One gentleman (Mr. 0' Gorman) had told them he supported it
on the grounds of its having elicited the satisfactory explanation
which they had that day heard. But, surely, it was unfair, after
acknowledging these vindications to be so entirely full and complete,
to send out to the world a vague and general censure that might be
turned against the best men in the community.
" Another gentleman (Mr. Costigin) had said, ' let those the cap
fit wear it ;' but it was not always the person whom the cap best
fitted that it was placed upon by the public. It seldom happened
that the individual whom the cloak of infamy best snited would of
himself put it on. Such a person was genei-ally far more disposed to
throw it over the shoulders of the innocent, and array himself in the
238 MEMOIR AND SPEECHES OF
garb of hypocrisy, and so elude tlie disgrace Avhicli he was so conscious
of meriting. It was, to borrow an illustration from scenes of horror
that had been alluded to, a pitch-cap of torture that they were about
to force down upon the heads of unoifending men, and not a well-
earned infliction upon real and shameful delinquency.
"It should be. borne in mind that that board was the organ, as it
were, of the Catholic people. Being so, its denunciations came to be
considered, ajid were, in effect, the denunciations of that people. The
Catholic Board should not forget those men whose exertions, whose
influence, and whose active patriotism had worked up the cause to its
present high position and momentous importance. It was no small
triumph to observe gentlemen of the fii'St rank and consideration in the
country coming forward to vindicate themselves to that board. He
well recollected a time, when men, possessed of their fortune, station,
and high respectability, cared nothing for any resolutions that might be
passed by meetings in Dublin. The Catholic Board, he would again beg
of gentlemen to recollect, had now arrived at such a pitch of influence
and importance, that their frown was sufficient to cast dismay around
any man they attacked ; but it behoved them to prove that the mode-
ration and justice with which they exercised that power was com-
mensurate with its magnitude. Whatever might be the decision of
that day, he would take upon himself to assert, that no Catholic in
the land would venture to vote again in a manner that could sub-
ject him to their displeasure. It was evident how unjustly the
resolution might operate, from the statement which a highly-respect-
able gentleman (Mr. Burke) thought it necessary to make a short
time before ; and he begged leave to assure that gentleman, that if
he had not been present to advocate his cause in person, no efforts
of his (Mr. O'Connell) should have been wanted to insure the
justice Avhich was his desert.
" He thought individual votes of censure, on every account, highly
reprehensible, and certain to be attended with the very worst conse-
quences. It would be nothing less than transforming the Catholic
Board — which possessed the dear, invaluable, uubought confidence of
the Irish people — into a terrible inquisition. If such a transforma-
tion were to take place — if an assembly, instituted for the advance-
ment of constitutional freedom, assumed to itself such inquisitorial
privileges, there was an end at once to the security of the best men.
No one, however conscious of his own innocence — however anxious
to do his duty to his country without a thought of personal advantage
to himself, could feel, or could be t^ai'e. He claimed for himself
DANIEL O CONNELL, ESQ., M.P. 239
sincerity at least ; and he was not conscious of ever having acted
otherwise than as he sincerely believed his duty to his country
required : yet, if this system were to be established, he knew not how
soon he might be unjustly and summarily condemned. Should a
faction who could muster twenty or twenty-five votes have it in their
power to act in this manner, he knew not how soon they might come
forward and say, ' Daniel O'Connell does not deserve the confidence
of the Catholic people.'
" He prayed the board to act with the dispassionate candour
becoming them as a great, deliberative assembly ; and concluded by
supporting the amendment, in so far as it expressed appi'oval of the
explanations that day oflfered, and confidence in the gentlemen who
had made them."
However, the efforts to which Mr. O'Connell alluded twice in
the foregoing speech were successful. The room had been
packed in favour of the vote of censure ; and, after two
divisions — "one upon the amendment of approval, and the other
on a subsequent amendment to adjourn — the censuring vote was
carried."
The case of Taaffe and others against the Chief Justice of
the Queen's Bench, mentioned in our account of the arrests of
the preceding year, came now (November, 1812) again before
the courts, after successive adjournments from the preceding
terms.
Our concern is not with a detailed history of its progress ; and
we shall therefore give, without further preface, Mr. O'Connell's
speech in the case, Friday, November 13, 1812, in the Court of
Common Pleas.
The following is the report of the Freemaris Journal, in its
number of Saturday, November 14 : —
" Mr. O'Connell appeared in court this day, to make his reply to
the arguments of Mr. Pennefather, as delivered on Tuesday last.
The court was excessively crowded, and it may, Avith truth, be said
that no person who came for the purpose of enjoying a display of
forensic powers, went away disappointed.
" My lords (said Mr. O'Connell), I am highly sensible of the in-
dulgence I have received from the Court on the present occasion. I
feel no small i'egret at having consumed any portion of your lord-
240 MEMOIR AND SPEECHES OF
ships' time, but I shall be as brief as possible, while I enclea^'Our, in
discharging the only duty that now remains to me, to reply to the
arguments of the gentlemen on the opposite side. And, my lords, in
discharging this duty, I shall avoid imitating the example set me on
the last day by one of these gentlemen, and (if I do not err) by the
other on a former day, in travelling out of the direct course which
the question before the Court prescribes. I shall leave unnoticed what
has been called the ' whimsicality,' of introducing politics upon an
occasion like the present, and confine myself to a mere question of law.
" But though Mr. Pennefather, in describing the nature of the
present action, takes a fancy to quoting one of the law books, and
calling it a ' bold attempt on the government of the country ;' yet, in
explaining what I conceive to be the law of the land in the case,
I will not, even though I exclude political reflections, for a moment
persviade myself that I ought not to speak my sentiments and those
of my colleagues upon it, with the most unrestrained and unem-
barrassed freedom. The question involves great constitutional
principles. It does not depend upon mere technical rules or teeh-
nical reasonings, but must be decided upon consideration of the
nature and extent of personal liberty in this country, and the sense
judges have of the rights of the subject, and the redress they are
entitled to avail themselves of for the injuries they suffer.
" Little aid can be obtained from modei'n cases. The simple
question is, whether there is a class of magistrates in this country
entitled to issue their warrants without any information upon oath,
and without any crime having been actually committed, and entitled
upon such warrants to imprison any description of the king's subjects,
without having afterwards to make atonement and compensation-
If the Court decide with the de'^andant, they establish this monstrous
proposition. See what the action is : it is an action brought against
the defendant for false imprisonment, and his justification is that he
is Chief Justice of the King's Bench. This is the proper form of an
action brought against a magistrate who issues a warrant. The case
of Morgan v. Hughes, in Term Reports, 225, proves that it is
the only form of action suited to such a case. This was an action of
trespass, the defendant being accused of having issued his warrant,
and maliciously arrested the plaintiff. There was a demurrer to the
declaration, and judgment was had that the action should have been
brouo-ht for false imprisonment. What is the nature of the present
defence ? The mere assertion, that the learned defendant is Chief
Justice of the Court of King's Bench, and the assertion of the mode
DANIEL O'CONNELL, ESQ., M.P. 241
he adopted in imprisoning the plaintiff. It does not say that he
despatched his menial servant with such commands as he pleased to
give ; but it does say that he granted his warrant with such recitals
as his imagination suggested. This is the real language of the plea.
It cannot be aided by any intendment — no presumption can be made
in its favour ; on the contrary, the first principles of pleading
require that it should be taken most strictly against the defendant.
This is the rule laid down by Lord Coke (Coke Littleton, 303-6) ;
and to show that this general rule of pleading most directly applies
to justification, I beg to refer you to Cummins's Digest, E. 17.
Nothing, therefore, can be intended beyond this allegation, that the
defendant was a magistrate, and arrested the plaintiff by his warrant.
The Court cannot supply the allegation: — 1st, that the crime was
committed — 2nd, that the plaintiff was one of the persons concerned
in that crime — 3rd, that the defendant knew or suspected that the
plaintiff was so concerned. These are clearly material and travers-
able allegations, upon which issue might be taken, and the fact
tried by a jury ; but no issue tried upon this plea, can bring any of
these facts into controversy. Upon the trial it would not be neces-
sary for the defendant to prove any of them ; so that it is clear, that
if the demurrer be over-ruled, the Court will establish a right in a
class of magistrates, or in some of them, to arrest without knowledge
— without suspicion — ^without a crime — without a criminal act.
" The class to which I allude is, the Lord Chancellor, the Lord
Treasurer, the Lord High Steward, the Lord Marshal, the Lor(j
High Constable, the four Judges of the King's Bench, and the Master
of the Rolls. (1st Blackstone, 350.)
" I now proceed to show — 1st, that the plea does not state any
matter sufficient to justify the imprioonment of the plaintiff; or, in
other words, that the trespass is manifestly a false imprisonment,
notwithstanding any thing alleged in the plea ; 2ndly, that there is
nothing stated in the plea sufficient to bar the action for false im-
prisonment against the defendant. If I clearly establish the first, I
think I shall go far to induce the Court to decide the second proposi-
tion in my favour.
" Now, as to the first, it seems unnecessary to go beyond the
unrepealed clause of the great charter — namely, that 'no freeman
shall be imprisoned unless by the judgment of his peers, or by the law
of the land.' Here I may rest my client's cause, and call for that
judgment of his peers, or that law of the land which dragged him,
without the ordinary courtesy of summons or notice, from his family ;
R
242 MEMOIR AND SPEECHES OF
which associated him through the streets of this city, as if he were a
felon, with the thief-takers of the police. Wliere is the judgment
which condemned him to sustain this inconvenience and contumely ?
There is none, my lords. It is not pretended that there is any.
And for law we are presented with this warrant— a warrant, not
only assuming, but creating all the facts, and fortified by nothing but
its own allegations, commanding the arrest of the plaintiff — a
warrant, distinguishing, it is true, between meetings for the purpose,
and those held under pretence of petitioning parliament, but declar-
ing guilt in either case. But can it be insisted that this warrant
answers the description of the law of the land ? It seems to me to
be a monstrous pi'oposition to call it so ; and, indeed, it would be
more absurd to call any man a freeman who was subject to such a
law. He would be the abject slave of caprice. I know, my lords,
that a statute, the 37th of Edward the Third, chapter 1, has ex-
plained the words legem terrce to mean ' due process of law.' Here
I wish it to be distinctly understoood, that I, for the present, concede
in argument, that which, in point of law, I could not admit, save for
the sake of argument, that the supposed offence charged upon my
client, is one for which any subject is liable to arrest before indict-
ment. It is not a felony nor a breach of the peace, and, therefore, I
do not think an arrest before an indictment was justifiable in this
case ; but for the present I concede that it would have been justifiable
upon ' due process ;' and if this warrant be ' due process of law,' is
the present question. I have already shown that this warrant is not
grounded upon any evidence, a suspicion either of an existing crime,
or of the plaintiff's being a criminal ; but to sanction an arrest, all
these are necessary ingredients in a lawful warrant, for no arrest can
be made before indictment, except there be either first a direct
charge upon oath, stating the existence of a criminal, and that the
party actually is, or is suspected to be the criminal ; or, secondly,
strong and rational suspicion declared on oath, of the crime and
criminal. That this is the utmost extent of the legal doctrine of
arrests — that these are the legal grounds to justify the granting of
a warrant, appear from all the books — 4th Blackstone, 289 ; 2nd
Hale, 108, 110; 2nd Hawkins, 135-6. Hale, in page 110, represents
the necessity of examining the parties requiring the warrant upon
oath, as to the fact of the existence of the crime and the criminal ;
and Blackstone says, that ' without such oath no warrant should be
granted ;' and the same law is laid down by Sergeant Hawkins.
By consulting these authorities, my lords, you will find that I am
DANIEL O'CONNELL, ESQ., M.P. 243
borne out in asserting that this is the very extent of the law ; for
more ancient writers, as Lord Coke (2nd Institute, 51, 52) had
asserted that, before indictment or presentment, no man could be
arrested ; and all that Hale, Hawkins, and Blaekstone contended for
is, that Lord Coke is mistaken ; for that if there be a charge upon
oath, a warrant to arrest may be granted before indictment. This
point — namely, that a charge upon oath sanctions an arrest, is the
utmost they contend for ; and Hawkins concludes his observations
upon the subject in these woi'ds — ' Yet, inasmuch as justices of the
peace claim this power (that of arresting before indictment) rather
by connivance than any express warrant of law ; and since the
undue use of it may prove so highly prejudicial to the reputation
as well as the liberty of the party, a justice cannot well be too
tender of his proceedings of this kind, and seems to be punishable,
not only at the suit of the King, but also of the party grieved, if he
grant any such warrant groundlessly and maliciously without such
a probable cause as might induce a candid or impartial man to suspect
the party to be guilty.' (2nd Hawkins, 135-6.)
" We have then got to the extreme of the law when we arrive at
arrests by warrants, because of a charge established by oath ; and
an extreme which has been resorted to, not because it has the
sanction of any express law, but by means of its necessity, to prevent
the escape of felons before they could be indicted, and from con-
nivance at the long-used practice. It is not, indeed, in cases where
it applies now, disputed, because, in addition to the authority on
which it rests in the direct opinion of the ' sages of the law,' it has
been recognized in some cases of felony by those acts of parliament,
which direct the manner, in some instances, of giving bail upon such
warrants. But there is no where to be found any case of any
allegation of any law writer carrying the power of arrest further ;
for I need not detain the Court by any comment on the passage in
2nd State Trial, 5, 6, which refers to Trogmorton and Allen (2 Rolle's
Abi., 558).
" Mr. Perrin has, with the ability and learning he discovers on
every occasion, shown you that Hale must be understood as meaning
that the warrant of the justice is a justification to the constable who
executed it, not that the justice could protect himself by his own
allegation. This distinction is familiar to your lordships ; and,
although Mr. Foster seemed to rely on the passage, to sustain the
defence of the justice who issued the warrant, yet, Mr. Pennefather
felt himself bound to admit that the passage is merely applicable to
244 MEMOIR AND SPEECHES OF
the constable ; and the case referred to, Trogmorton and Allen, is
accordingly the case of a justification by a constable. There is,
therefore, I repeat it, not even a solitary dictum in the books, and if
there had, the research of the counsel for the defendant would have
discovered it. There is not, I confidently repeat, a single assertion
in any law book, that a warrant may be legally issued without a
charge upon oath. It follows, therefore, of obvious and inevitable
necessity, that this warrant was not legally issued.
" It was not ' due process of law.' My client has been illegally,
and against the provisions of the gre^t charter, deprived of his
liberty. The defendant is guilty of false imprisonment.
" This brings me to the second point ; for it is alleged, that
though the arrest was unjustifiable, although the defendant be clearly
guilty of a trespass and false imprisonment, yet he is not responsible
in an action for damages. In short, that although he is not infallible,
still he is inviolable ; but I trust, notwithstanding, I shall be able to
satisfy the Court of my second proposition — namely, ' that the matter
stated in the defendant's plea is not sufficient to bar the action for
this false imprisonment.' The plea contains nothing but the fact
which appears on the face of the declaration — viz., that the
defendant is Chief Justice of the King's Bench, with all the authori-
ties and rights belonging to that office, and that he, as such, arrested
the plaintiff by means of a warrant. Upon this allegation, the
counsel for the defendant contend that no action lies, and conceding
that a trespass has been committed, they say, that this is one of the
instances in the law where there is an injury without means of com-
pensation, because the defendant being a judge of a superior court, no
action will be against him.
" It is, my lords, readily admitted, that no action lies against any
judge for any judicial act whatsoever ; but we insist that it does lie
against every judge for ministerial acts. This distinction was taken
by Mr. Perrin, and sustained with his usual force and ingenuity.
It was admitted by Mr. Foster, and though not expressly admitted,
it was, as I shall show, distinctly recognized by Mr. Pennefather,
who, however, has announced a new proposition — namely, that no
action lies for any act of a judge of the superior courts, adding, in
the meantime, any act done as a judge. Now, if by acts done as a
judge he means judicial acts, this is conceded. If he includes
ministerial acts, and that the judges of the superior courts are in no
wtse responsible in actions, although for the same acts, and within
their jurisdiction, inferior judges would be responsible ; this is not
DANIEL O'CONNELL, ESQ., M.P. 245
only denied, but the charge of a ' hold attempt' to suhvert principle
recognized in every case he has himself cited, is retorted, and justly
retorted on the learned gentleman ; for, in Hammond and Howell (2
Mod. 2 1 8) quoted by him, the Court expressly says, ' though they
(the judges) were mistaken, yet they acted judicially, and for that
reason no action could lie against the defendant.' For what reason ?
Not because the defendant was judge of any particular court, but
because he acted judicially. And in Floyd v. Barker (12th Coke,
23rd) also cited by him, this distinction is expressly taken — 'A judge
or justice of the peace cannot be charged for conspiracy for that
which he did openly in court, for the causes and reasons aforesaid.'
The two next cases cited by the learned gentleman, not only con-
firms the distinction we rely on, but illustrate its application in
practice. These cases are Barnadiston v. Soames (2 Liv. 114), and
Ashby and White (2 Lord Raymond, 938). In the first of these
cases it was held, that no action would lie for falsely and maliciously
making a double return to parliament. Why ? Because the judges
were of opinion that the sheriif acted, in that respect, judicially. In
Ashby and White it was held, that for rejecting the vote of a person
qualified to vote at an election, an action would lie against the
sherifi". Why ? Because it was held, that the sheritf acted, in that
respect, ministerially. And this distinction is further recognized
and acted on in the next case cited by the learned gentleman, of
Miller v. Scares (2 Blackstone, 1141), where an action was held to
lie against the Commissioners of Bankruptcy, for improperly com-
mitting a man for not answering satisfactorily. It was held to lie,
because their ofiice was considered executory and ministerial, and
not judicial. Let me add to these authorities the case cited by Mr.
Perrin, and commented on by the gentlemen on the other side, in
Greenvelt v. Benwell (in Salk. 396 ; Lord Raymond, 467 ; and
Cum. 77). The Court will find the judgment of Lord Holt given
very distinctly in Cummins — ' And that no action will lie against
any judge for what he does judicially, and of record; but if a
justice of the peace issue a warrant, and commit a party without
cause, he may be punished, because the act is only ministerial, and
the commitment only intended for process and not for punishment ;'
and he cites, from 12 Coke, Nudigate's case. He was a justice of
the peace, and though he recorded a circumstance falsely, yet, as he
acted as a judge, that is, judicially, no action would lie. Now,
compare the cases. K Nudigate had issued a groundless warrant for
any act of violence, an action would have lain against him, because
246 MEMOIR AND SPEECHES OF
the act was ministerial ; but when he acted judicially and upon
record, no such action could be maintained.
" Thus, my lords, all the cases establish our distinction between
judicial and ministerial acts, as well those relied on at the opposite
side, as those cited by Mr. Perrin. But where is the distinction
stated by Mr. Pennefather to be found ? I have been unable to
trace it in any of the cases ; and if you examine the authorities from
which he has endeavoured to infer such a distinction, I think you will
join me in considering that his inferences are unfounded, and his
positions untenable.
" And now having, I trust, established that which is, indeed, a
familiar distinction to your lordships, I shall proceed to show you
that the issuing of the warrant by the Chief Justice was a minis-
terial, and not a judicial act. I admit that the Judges of the King's
Bench are coroners and conservators of the peace throughout Ireland,
and it is in this capacity of conservator of the peace that the
present warrant was issued, or indeed could have been issued. None
of your lordships, notwithstanding the dignity and extent of your
judicial authority, could issue such a warrant, because none of you is
a conservator of the peace throughout the different counties. But
the conservator of the peace was, and is, a merely ministerial oflSicer.
In page 354, volume 1, Blackstone says, that his power consisted ' in
suppressing riots, and taking securities for the peace, and in appre-
hending felons and other malefactors. This would appear to be
the full extent of the common law authority of conservators of the
peace. The Court is, of course, fully aware that the constitution of
justices of the peace is widely different. The power of electing
conservators of the peace having been taken from the people, and
vested in the crown, by the 34th of Edward the Third, chapter 1,
they first got a judicial character, were empowered to try offences,
and obtained the name of justices. (Blackstone, 350.) The justices
of the peace are judges of a court of record — the conservators of the
peace are not so. This power of conservator of the peace the Chief
Justice of the King's Bench holds in common with the Chancellor,
the Master of the Rolls, and the other persons whom I have named ;
and if this be a good justification for him, it would be equally so-
for the Master of the Rolls, for he has closed in him the same
authority in his ministerial capacity. Then was the warrant issued
improperly, as it was, in itself, a ministerial act. For this I have the
express authority of Lord Holt ; his words are, an action will lie
for improperly issuing a warrant, because the act is only ministerial.
DANIEL O'CONNELL, ESQ., M.P. 247
and intended for process, not punishment, and I have the equally
explicit authority of all the cases from Windham v. Clue, (Cro. El.
130,) to Morgan v. Hughes, (Second Term Report, 225,) and those
cases which occur every day, in which actions are maintained
against justices of the peace for issuing warrants without legal
grounds, although those justices are judges of the very courts in
which the offences specified in those warrants are triable, although
they have jurisdiction over the offence and the offender, and although
for their judicial acts in that very matter no action would lie. This,
then, is a ministerial act, done by a ministerial officer, for which,
whatever be the number and value of his other high dignities,
he is responsible to my client.
" I shall now follow Mr. Pennefather in a few observations upon
some of the other points which he has laboured in this case ; and
first, where he insists that this must be taken as a judicial act,
because it is averred to have been done by the Lord Chief Justice ;
and as we have not traversed the fact of its being so done, and
in order to sustain this proposition, he cited Eton v. Southly, from
Walker. I shall dismiss the case by observing, that all it proves is,
that an allegation ' that A. B. having been possessed as a tenant at
will,' is a sufficient averment that he then was tenant at will — but we
are not disputing upon averments in this instance. It is sufficiently
averred that the defendant was Chief Justice, and as such, namely,
by virtue of the office of conservator, which that dignity conferred
on him, issued this warrant. Can it be seriously contended, that
issue should have been taken upon the title the defendant chose
to style himself by, when he issued this warrant ? What would the
jury have to try? Certainly something very immaterial — the appel-
lation the defendant chose to be addi-essed by at that moment. But
the question is, whether this be a judicial or a ministerial act. Now,
can the nature of the act depend on the name or title of the actor ? —
Is the quality of the fact to be changed with the dignity of the
doer ? But, really, it does not appear to me that I should be at all
justified in detaining your lordships upon this part of the case.
" The second point in Mr. Pennefather's argument, to which I
have to entreat a few moments of your attention, is that part of the
case in which, without admitting the distinction between judicial and
ministerial acts, he still acknowledged its authority, by the pains he
took to prove the granting of a wari'ant to be a judicial act. He
first insisted that no action would lie for unjustly issuing a fiat, and
then he compared warrants to liatb. Now, it may be conceded that
248 MEMOIR AND SPEECHES OF
no action would lie in the first case ; but if warrants be fiats as pro-
cess to bring the party in, then the authorities and cases in which
actions have lain against justices of the peace for issuing warrants
are all mistaken, and a discovery is made that by comparing warrants
to fiats, the defendants would have been entitled to non-suit the
plaintiffs in those actions — a mighty discoveiy, truly 1 ! ! But if this
be a point of non-suit only for a Chief Justice, this absolutely would
follow, that if this identical warrant had been issued by my Lord
Mayor A. B. King, who is a magistrate of great dignity, and I pre-
sume entitled to some veneration from the counsel at the other side —
if the Lord Mayor, who is also a presiding judge at the sessions, had
issued this very warrant, an action might have lain against him,
because it was ministerial, though to the extent of trying and punish-
ing this crime, he is as fully a judge as the present defendant.
*' It is contended that the superior quality of the Chief Justice
alters the act into a judicial one — it becomes a fiat and not a warrant,
and no action can be maintained ; but there is, really, no similitude
between the two ; a fiat is only an order to the ofiicer to make out a
writ or process — a warrant is the process itself ; the writ issued on
the fiat must, of necessity, be returnable in the court out of Avhich it
issued — a warrant is not returnable at all, and it is intended to force
in a party to any court having cognizance of the ofience, within
the territorial limit of the officer who grants it. In Blackstone, 294,
are these words : ' The warrant may be either general or special ;
general, to bring the offender before any justice — special, to bring
him before any individual justice." So that this warrant is part of a
case afterwards tried before the defendant, only because he chose
not to send the plaintiff" to the sessions. It has, therefore, no
necessary connection with the Court of King's Bench, nor indeed any
other connection with that court, but what the defendant chose to
give it.
" Next, the case of the King v. White (Cases Temp. Hard. 37) has
been relied on. To prevent any controversy I have brought the
book to read it. [Here Mr. O'Connell referred to the book, but it
was thought unnecessary by the Court, and passed without debate.]
Now, what does this case prove ? Does it convert any ministerial act
into a judicial act ? Does it alter or qualify the authoi-ity of the cases
I have mentioned. It proves nothing but what is familiar in every
day's practice, namely, that all officers of justice are under the
control of the King's Bench. Where complaints are made to that
court of any magistrates or officers, if the fact be admitted, thej
DANIEL o'CONNELL, ESQ., M.P. 249
grant an attachment — if the fact be disputed, they grant an informa-
tion to have it tried by a jury. In the King v. Reilly, (T. T. Rep.
204,) the King's Bench attached Mr. Reilly for calling a meeting of
the county. Lord Earlsfoii; there lays it down, that the Court of
King's Bench has a general control over all inferior courts and
inferior officers, and the power of punishing them by attachment for
misconduct ; and it clearly follows, that an attachment might, upon
these admitted principles, have been granted, if the constable had
disobeyed the warrant of any other magistrate. Thus, the King v.
White proves nothing but what was not denied, viz. the power of
the Court of King's Bench to punish the misconduct of inferior
officers as for a contempt of that court. The arguments drawn from
the cases of fiats do not apply ; and if they did, they would prove too
much, and are encountered by a:ll the cases in which magistrates
have been convicted on actions for issuing warrants. The capacity
in which the defendant acted is a matter of law not capable of being
tried by a jury, and not altering the nature of the act. That act
was a ministerial act, which is not protected from actions, and not a
judicial act, which is protected ; and, lastly, this arrest upon those
pleadings is a false imprisonment, for which the defendant is bound
to abide the verdict of a jury.
*' I have now, my lords, argued the case, and have only to add a
word or two in reply to some general topics introduced by Mr.
Pennefather — 1st, he said that this was one of that class of injuries
for which there is no remedy. He cited the case of Lecaux v.
Eden, but it does not prove, by any means, what he would wish to
establish. The aggrieved party here, though he did not get imme-
diate redress, was told that an appeal to the Court of Admiralty
would be efficacious. Mr. Pennefather talked of a case of felony in
which the party had no redress by the recovery of damages, but it
could not escape observation, that if he was not remunerated in
money, he would in the punishment of the offender. He commented
upon the expediency of suffering a private injury for the purpose of
effecting a public good ; but though I admit, most cordially, the
general principle, yet I deny its application in the present instance.
He has bestowed some words upon the necessity that existed for the
defendant's interference in the case of the Catholic delegates. I do
not see this necessity. There were many persons who could, with
the greatest propriety and delicacy, fill his place on such an occasion.
But if, as Mr. Pennefather would contend, the Chief Justice acted in
his judicial capacity in granting a warrant against my client, see to
250 MEMOIR AND SPEECHES OF
what a predicament he has been reduced. He has first judged my
client ; secondly, resorted to the mockery of a process to bring him
to trial ; and, thirdly, judged him again ! And what would, my
lords, be the consequence of suffering this extraordinary and
monstrous power in a chief j ustice ? Why, my lords, if my Lord
Ellenborough, the English Chancellor, or the Master of the Rolls, had
conceived any malice to any of your lordships to-morrow, they might
issue their warrants and drag you from your bench to answer a
fictitious charge before them, and do all this, subjecting themselves
to no penalty !
" Mr. Pennefather has, lastly, told us, that the subject could resort
to parliament, in the event of any unwarrantable proceedings on the
part of the Chief Justice. Why, my lords, what a mockery this is !
If the Irish peasant has been aggrieved by a chief justice, it' is a
consolation for him to have the liberty of making a miserable
passage to Holyhead, then walking barefoot to London, and, lastly,
stating his wrongs to the imperial parliament, in a language unknown
to them. My lords, I am confident you cannot — from a due consi-
deration of the authorities I have cited, and the reasoning that has
been advanced on our behalf — decide against us.
" The Court signified that judgment would be given on Tuesday."
However, at the sitting of the Court upon the next day, Lord
Norbury announced that himself and brother judges were so far
from having made up their minds on the point at issue, that
they " required more argument from counsel," and appointed
the succeeding Tuesday (that day week) for the hearing.
Upon the day last mentioned, one counsel was heard at
either side. During the argument the following incident
occurred : —
Mr. Justice Fox, after several remarks on the case made for
the defendant, observed, that "much of the difficulty that
existed in his mind would be removed, had the information on
oath, upon which the defendant had acted, been set forth ; but
it was designedly omitted, and a suppositious case put for the
purpose of inducing that Court to decide upon speculative
matter. Two great principles were put in direct conflict ; first,
that a judge was not liable to action for judicial acts ; and,
secondly, that the subject should not be arrested contrary to
law, which absolutely required information upon oath.
DANIEL O'CONNELL, ESQ., M.P. 251
" Lord Norbury wished to hear the whole of the arguments
before he would give any opinion.
" Mr. Justice Fox said he had given no opinion, and any
insinuation of the kind was uncalled for and unnecessary.
" Judge Fletcher thought that the right of any one of the
four judges to propound his doubts to counsel could not be
disputed. It was a conscientious duty upon them to suggest
those doubts, that counsel might remove them if they could ; he
wished to know for what other purpose counsel attended
there, and whether argument was for those who might have
already made up their minds, or for those who still entertain
doubts.
*' Lord Norbury said he had thrown out no insinuation of the
kind alluded to by his learned brother. He had just wished to
say that he should reserve his opinion till the Court pro-
nounced judgment, and then would give it, as he was capable of
doing.
" Judge Fletcher said they were all capable."
And so the squabble ended.
The impertinence of Lord Norbury was not favourable to
the success of his views on the matters before them. The
species of personal insult he thus wantonly and incautiously
flung upon his colleagues on the bench was calculated to create,
in their minds, feelings to counterpoise that overweening consi-
deration for a brother judge assailed, which had hitherto made
them neglectful of the endangered rights of the subject. How-
ever, notwithstanding this escapade, and the feelings it may have
occasioned, they concurred, for the present, with Lord Norbury,
in deferring judgment until the ensuing term.
The excitement of the period rendered every meeting of the
Catholic Board at this time interesting. We therefore copy
largely from the reports, such as they were then furnished by
the Dublin newspapers, of those meetings.
Mr. O' Connell's part in the agitation was becoming every day
more and more difficult. Fierce passions had been aroused by
the events of the elections ; and not only was there the exacer-
bation of feeling between political opponents, but distrusts,
jealousies, and heats of all kinds were rife among parties
252 MEMOIR AND SPEECHES OF
who thought and had hitherto acted together in poHtical
matters.
In the tumult of these feelings, there was considerable danger
to the popular party, that the great objects for which they had
been labouring would come to be forgotten, or else be wilfully
sacrificed to private resentments. It will be seen, in these
speeches of Mr. O'Connell at the various meetings of the
Catholic Board, from early in November to the end of 1812,
how earnestly he laboured to avert these disasters, and once
more combine all for the common good.
On the 5th December, 1812, he rose in the Catholic Board
to move for an aggregate meeting, pursuant to notice given.
He commenced by alluding to the stormy character of the meet-
ing which immediately preceded that in which he was speaking,
and to some misconceptions as to the manner in which the
voting had been taken in the divisions that had then occurred.
As we have obviated the necessity of this explanation, by record-
ing the proceedings alluded to in their true sense, it will be
unnecessary to give this part of his speech.
*' But for the impossiblity of getting a sufficient hearing, he
had intended (at their last meeting) to have proposed this reso-
lution for an aggregate meeting, as the period at which it could
have been serviceable was so fast elapsing. The purposes for
which it was to be called were : first, to redeem their character
(if it could be redeemed after their own acts) from the charges
of entering into petty private squabbles, while the enemy were
absolutely in our country. He did not think it necessary to
reserve the name of Christopher Hely Hutchinson for moments
of tranquillity, when every instant menaced the country with the
loss of the services of that excellent man. He dreaded that it
was already too late — the moment he was speaking should have
been the moment of the aggregate meeting. To compliment
the family of Hutchinson and show Catholic gratitude, was the
second object of such a meeting — to complain that the city of
Cork was misrepresented. Mr. Hutchinson's manly and gene-
rous support of the Catholics had earned him the bitter hostility
of the government; every engine was set in play by them — every
retainer of the Castle, down to the lowest contributor to its
DA.NIEL O'CONNELL, ESQ., M.P. 253
amusements, was sent off to poll against the Man of the People's
choice and heart. The pleasures of our paltry Irish court were
suspended, Casino stood still, and every creature was sent down,
even the footmen were packed off in coachfuls.
" He thought that on such a subject he would have been heard
with patience ; and indeed he had been offered three words by
one gentlemen, and ten minutes by another, but this latter gene-
rous offer was not seconded. Not, however, to lose more time,
he would pass by all that he had just reason to complain of and
deplore, and urge that immediate steps should be taken to assist
the Catholics of Cork in procuring redress for the injury done
them by the exclusion of Mr. Hutchinson from parliament."
A gentlemen present having mentioned that the Hutchinson
family had declined some offers made to them,
" Mr. O'Connell said, that the explanation of the gentleman who
had first spoken, only pi'oved that the Hutchinson family, with all
their characteristic dignity of feeling, would not permit the expense
of a petition to be defrayed by public subscription, where any mem-
ber of that family appealed, in his own right, to the House of
Commons for justice. But the Catholics of Cork were freeholders,
and they could, in their own right, petition the House of Commons
against tbe return of the presiding ofRcer. It would be proper,
therefore, to have an aggregate meeting, for the purpose of showing
that the Catholics of Ireland are ready to bear a proportion of the
expense, in the cause in which the whole country was as much con-
cerned as the freeholders and freemen of the city of Cork. With
that view he would move —
" ' That an aggregate meeting of the Catholics of Ireland be held at the
little theatre, Fishamble-street, on Tuesday, the 15th day of December,
instant, to take into consideration the measures necessarily connected with our
petition, and to afford some proof of the Irish sentiment towards the Honourable
Christopher Hely Hutchinson ; and that Mr. Hay be requested to write to the
secretary of the Catholic Board, in Cork, to express the strong personal
anxiety of every individual member of this board, that the Catholics of Cork
should use the most strenuous exertions to procure the success of a petition to
parliament against the persons who have, for the present, excluded, from the
presentation of that city, a man distinguished among the first of Irish patriots,
the Honourable Christopher Hely Hutcliinson.' "
After some debate on the shortness of notice, the resolution
was passed ; and some other matters having been also disposed of.
254 MEMOIR AND SPEECHES OF
Dr. Droragoole revived the subject of the vote of censure; and
in an able speech contended against its impolicy, concluding with
a motion to the following effect : —
' ' Resolved — That, in order to meet the public and private calumnies which
the enemies of religious liberty have circulated, Ave feel ourselves bound to
declare, that the resolutions of last spring and summer, respecting candidates
for parliament, could not be, and were not intended to enjoin or sanction the
violation of promises entered into at any time previous to their adoption."
Mr. O' Gorman recommended the adoption of this resolution.
" Mr. O'Connell said he was anxious to second the motion, as
well because he concurred most heartily in every thing that fell from
his respectable friend, Dr. Dromgoole, as from his wish to take at
length an opportunity of delivering his sentiments distinctly upon
the subject which had caused so much of agitation amongst the
Catholics themselves. One would imagine that we really were at a
loss for enemies, so sedulous did we appear to excite them amongst
ourselves. One would suppose that Ireland was not sufficiently
divided and distracted already, but that division and dissension
in the Catholic board could be aiforded in addition and as a pastime.
Indeed, the progress of this unfortunate feud in the board might
have been arrested at a certain period. Perhaps, I draw upon my
mere vanity, when I indulge the dream that I could sooner have
terminated it ; but full sure I am, that I ought to have sooner
endeavoured to do so, but I was restrained by motives which, upon
reflection, I am unable to justify.
*' It is due to candour to state them : — in the first place, it was
impossible not to see, that your resolution, although dignified with
the appellation of an abstract proposition, was intended first, and
principally, not altogether, for a single individual. I do not say that
it was the design of the movers to use it as the instrument of par-
ticular vengeance ; they have disavowed any such design, and we
are bound, as we are ready, to believe them. The effect, however,
was precisely what I have stated with the individual thus alluded to.
I mean Mr. Lalor ; I am proud to avow my conviction. I have the
pleasure to be his intimate friend ; I have the honor to be his kins-
man ; I boast of his friendship, because I have long known his
worth in all the relations of private life, and in our public cause. I
have seen him in this board, ever ready to adopt the most manly,
spirited, and honourable course ; he never spoke amongst us of entering
into any timid compromise with our enemies ; he never shrunk from
DANIEL O'CONNELL, ESQ., M.P. 255
danger. When we were menaced with any persecution, he was of
the first to throw himself forward ; his spirit rose with our perils,
ay, and his determination increased with onr difficulties. I loved
him, because I saw that his views were confined to the good of his
country — that he had not, and could not have any personal motive —
that, with generous heart and open hand, he contributed to all your
expenditures, and that his existence was ever at your service. I saw
that every vote he gave in your board or committee, was precisely
that which struck my humble judgment as the best calculated to serve
your interests.
*' With those public and private qualifications, I was, and am
proud of obtaining the friendship of my respected relative. And I now
condemn that species of mistaken delicacy, which prevented me at an
early stage of this business, from taking an active part in opposition
to your resolution ; I imagined that my opposition would be at-
tributed to the zeal of private friendship, and not to that which, in
truth, suggested it — the firm conviction of my conscience. There
was another motive which also contributed to paralyze my resistance
to the resolution of last meeting — I am ashamed to have yielded to it
for one moment^ — it was this : Mr. Lalor's vindication, which has
appeared in the public papers, was well known to have been written
by me ; it was known that I had written it, merely in the exercise of
professional skill, and for the ordinary inducements of professional
exertions. I did not feel myself at liberty to refuse drawing it in
that capacity, but in none other would I have consented to do so. I
may be much mistaken, but I thought that I ought not to lend
myself personally to any part of that vindication. With all the facts
(except a single one of no moment to the general question,) I was a
total stranger ; and in the controversy as to the then pending elec-
tion, if I were personally to have interfered at all, it would most
certainly have been in favour of the candidates who have succeeded.
Having, however, once acted as Mr. Lalor's counsel, I am ashamed
that I shrunk from the base calumny which might have imputed to
me the sentiments of profession, in resisting the general vote of
censure — it was unbecoming of me to yield to so paltry and pitiful an
influence of delicacy. You well know whether I am a man likely to
be influenced in my conduct in this board, by any other motives
than those of honour and of conscience. I speak of myself with all
humility, yet I own I entertain the expectation that my countrymen
in general require not from me any defence against the imputation
of mean or selfish motives ; yet tliey were these false delicacies that
256 MEMOIR AND SPEECHES OF
prevented ray opposing the resolution of abstract censure, as it
has been called, determinedly and upon principle.
" For I could not see what right or authority you had to pass any
such resolution. If Mr. Lalor had forfeited the confidence of the
Catholics of the county of Tipperary, they might have declared that
he was no longer to be a manager of their petition, as the Catholics
of Newry did with respect to Mr. Jennings, and fi'om that moment
he would have ceased to be a member of this board : but when you
passed a vote of censure, you clearly travelled out of your authority,
and into the hands of the Attorney-General — you abandoned, for a
moment, the conduct of your petition, for which alone you are
appointed, and you committed yourselves to the tender mercies of
your friends in the King's Bench. It is, therefore, fortunate that
your resolution passed, as 1 am ready, if necessary, to show, irre-
gularly, and after having been, in point of fact, negatived. I do
not say this to reflect upon, or to diminish the triumph of those who
have succeeded in that vote ; I introduce it simply to show you, that
we have a valid defence against any attack of the Attorney- General
upon this ground — an attack which, I am convinced, he would have
already commenced, but that he and your other enemies imagine that
you are about to do their work for them, and to destroy yourselves
by your own dissensions.
" There is an unhappy spirit broke out amongst us. It is the
inevitable consequence of turning this board into a species of mock
tribunal, and destroying individuals with an axe, which you call
' abstract censure.' In plain truth, how is it possible we should judge
with discretion or discrimination upon the motives that may impel
private individuals ? Their neighbours in their respective counties
may be able to judge of them, and they certainly are able to punish
them by exclusion from this board. But how are you to summon wit-
nesses or to examine them, to form any estimate of facts ? I will tell
you what the witnesses are — public report — a liar to a proverb —
and anonymous calumny — an assassin upon record. I myself, for ex-
ample, have no less than five anonymous letters lying upon my table,
which charge my estimable friend with every atrocity. I know of
my own knowledge, that it is simply impossible that some of them
should be true — I am convinced they are all false. Yet, how many
members of this board — how many excellent and truly honest men
may not be influenced in their decision of Mr. Lalor's case, by com-
munications which may have reached them in a similar way !
" In truth, it would be most dangerous for us to usurp the power
DANIEL O CONNELL, ESQ., M.P. 257
of judging of facts, which we want the means to investigate. But
my great objection must be repeated : the discussion of questions
of tliis nature, affecting particular individuals, must necessarily tend
to excite personal animosity amongst us, and to produce irritation and
rancour. I appeal to you, whether it has not already had this effect.
Indeed, I need not make the appeal ; there is not a man in the board
who has not seen, with regret, a spirit of violence and of hatred — the
very genius of personal malignity settling here, where all was peace,
and unanimity, and cordiality. And have we not enemies enough,
and to spare ? Have we not Lord Manners and His Grace of
Richmond in front, whilst the Attorney- General and the Dublin
Grand Jury hang on our rear ? Have we not on our flank, the bi-
goted Liverpool, and that Castlereagh, long exercised in eveiy dark
stratagem of ruin, who would, for emolument, barter a seat in heaven
if he had any interest in that country. At this moment bigotry is
awakened from the slumber into which Protestant liberality, in
Ireland, had cast her — bigotry, at the command of power — bigotry,
lured by the beloved voice of interest, has aroused in every part of
the land. The first in station and in rank set the example of obe-
dience to the command which they themselves issued. Every little
village bigot in the land is animated with the hope of discounting
his despicable malignity into the pay and plunder of some office.
Mark the active rancour of their hostility : Hutchinson — the pa-
triot Hutchinson — is opposed in Cork for being your champion.
The opposition of the Castle stoops to all the meanness of personal
animosity ; it disgorges its domestics and menials, from the highest to
the lowest, against him ; the refined amusements of our refined
government are suspended — even Cassino stood still, and the tea-
table was unattended — every body was absent — every body was sent
to oppose Hutchinson, because he was the friend of the Catholics.
" The clergy, who sometimes have a most admirable instinct in
discovering what is for their interest here, as well as hereafter, are
many of them active against us ; they are easily marshalled under
the auspices of a right rev. prelate of the Established Church — the
son of popish parents — the brother of a popish priest, who has pub-
lished a pompous pamphlet against us, of great promise and pretensions,
but of little performance, save what it effects by the very difficult and
novel process of repeating calumnies a thousand times refuted, and
abjured, and contradicted upon oath, by every Catholic in Ireland.
I should be content if we were at leisure to investigate the worthy
prelate's motives, or that we even had an opportunity of printing, in
S
258 MEMOIR AND SPEECHES OF
the same shape with his pamphlet, another literary morceau of
the learned and pious divine. It was, I believe, his first attempt — a
farce, called the ' Generous Impostor 1' — oh, the generous impostor !
The theatrical dictionary informs us that this farce was damned ; a
friend of mine who happened to have seen it, assures us that there was
a warmth of expression in it — he would not for the world call it an
obscenity, which in some quarters would almost atone for its dulness,
but it was too dull even for the vicious taste of a London audience to
preserve it for its seasoning. But, perhaps, this pamphlet is as
great a farce, in the FitzwiUiam administration, as the silent exertions,
if not the phamphlets of the divine, were at the other side — oh,
the generous impositor !
" Look to the counties — see how you are calumniated. I have
ali'eady more than once had occasion to remark, the principle of this
administration is falsehood ; this principle betrays itself in all its
acts ; it, therefore, unblushingly circulates its calumnies against us,
with the most thorough conviction of their total want of truth. Where
it cannot procure the direct assertion of an untruth, it is content
with an insinuation containing the same meaning. Thus, for ex-
ample, a fraction of the county of Dublin Grand Jury could never
have dared to charge the Catholics of Ireland plainly and dii'ectly
with high treason, but they have had the meanness to insinuate it
covertly and in bad English. We should thank them little for the pru-
dence which taught them to avoid the direct assertion, when we meet
the depravity that allowed them to make this oblique and unmanly
attack on our characters. Where is the individual amongst them
that would venture to make the foul and false insinuation of dis-
loyalty to any gentleman of this board ? and if there wei'C any indi-
vidual so rash as to use the insinuation, I know the chastisement he
would meet with and receive. But, as a body, Ave are calumniated
with safety, because we are idly busied in dissension and division
amongst ourselves.
" Take another example — one of direct falsehood — what Shakspeare
calls 'the lie direct ;' and not as in the case of the grand jury, the
* lie by equivocation.' An advertisement has appeared in the
Dublin papers, stating that a meeting of the Protestant freemen,
freeholders, and inhabitants of Dublin had taken place. Now, this
means, and was intended to mean, a public meeting, at which every
such Protestant might have attended. But was there any such
meeting ? There certainly was not. Every body knows there was
not. It is a falsehood — false as God is true — a falsehood signed
DANIEL O'CONNELL, ESQ., M.P. 259
with the classic name of Abraham Bradley King, Lord Mayor, but
not the less unfounded. The noble, grand Lord Mayor just cei-tifies
an untruth. He might, and probably had a parlour or dining room
meeting, but it was no more what he says — a meeting of the
Protestants of Dublin, than it was a meeting of the Jews of Frank-
fort. This untruth, however, is of advantage to our enemies.
Why ? Because we have left it uncontradicted — because we have
been so busy in quarrelling with one another about Mr. Lawless's
abstract censures, that we have not had leisure to mark with our public
contempt the scandalous and impudent falsehoods with which we
are assailed.
" But let us return to our own affairs. Let us return to the
consideration of the state of the Catholics' rights. Let us make
peace amongst ourselves and carry on the war of words only with
our enemies. All our vigilance, all our zeal, all our activity, are
necessary for our protection. We cannot afford to squander or
exhaust any part of them in a quarrel amongst ourselves. You have
passed your vote of censure — be content with in — allow us merely to
qualify it, by excluding the possibility of any person being deemed
to come within it, who ought not to do so. Those are persons whose
faith was pledged previous to your resolutions of last spring and
summer. You admit that such persons are not the object of your
censure. All we require is, that you should declare the fact to be
so. If your sword afterwards be wielded by private malignity out of
this board, the declaration we require will serve for a shield,
co-extensive with your censure, to those who are entitled to wear
that protection.
" I can assure you, that my esteemed friend (Mr. Lalor) desires no
other, nor would any man be his friend who sought anything
further. All he desires is for the honour of the board itself, that it
should not be said that you censured him for observing the promise
in which he had pledged the honour of an Irish gentleman. By this
means you will vindicate the board from a calumny, not less actively
circulated for being unfounded, and you will restore that harmony
and good temper amongst us, which are so necessary for our
preservation at this perilous junction. I do, therefore, conjure,
gentlemen, in the name of that afflicted country, which has so many
ardent and affectionate votaries in this room, to waive all matters of
form, and let us now, at once, adopt a resolution of admitted truth
and necessary conciliation. Let us think that poor Ireland, goaded
and distressed, wants all our attention. Let us sacrifice every angiy
260 MEMOIR AND SPEECHES OF
feeling — turn from the past with the temper of forgiving kindness,
and to the future with all the firmness which will result alone from
unanimity in our own body ; continue divided and our cause is lost
for ever."
This speech is reported to have made a powerful impression.
The result, after some explanatory speeches from persons
who had supported the vote of censure, was the unanimous car-
rying of Dr. Dromgoole's resolution.
The aggregate meeting, of which Mr. O'Connell had given
notice, was definitively fixed for Tuesday, the 15th December,
on which day it accordingly took place in Fishamble-street
theatre.
The first six resolutions here passed bore reference to the
preparation and presentation of the Catholic petition to both
houses early in the next session ; and also to the preparation of
an address to Mr. Hely Hutchinson, expressive of Catholic
feeling towards him.
The seventh, eighth, ninth, tenth, and eleventh referred, in
indignant terms and with strongly worded contradictions, to
allegations in recent addresses of grand juries (city of Dublin,
&c.) charging the Catholics " with disaffection — with entertain-
ing disguised and secret views, and with an intention to obtain a
Catholic ascendency."
Then followed thanks to Sheriff Harty, for his conduct in his
office ; and, as usual, to the Protestants who had attended, in
particular to Counsellors Finlay and Walsh, for their speeches.
On the resolution respecting Mr. Hutchinson being put from
the chair, there was, as the newspapers inform us, "a loud and
general call for Mr. O'Connell, and when he came forward he
was greeted for several minutes with the most enthusiastic
plaudits."
Mr. O'Connell commenced with a very warm eulogium on
Mr. Hutchinson, and dwelt at some length upon the loss of his
election. We take up the report of his speech, where he com-
menced to deal with the recent exhibitions of their enemies.
" The meetings in some of the counties where resolutions, hostile
to us, have been passed, cannot properly be called Protestant
DANIEL O'CONNELL, ESQ., M.P. 261
meetings. I say properly^ because, although the parties who were
there prominent assumed the denomination of Protestants, they
were, in reality, of no religion at all, except, indeed, in so far as
might give the means of caiTying on a base traffic, and turning the
profession of it into money. I shall not think it necessary to name
the people to whom I allude, for I am quite sure you will agree with
me that their names are of no very high importance. If one instance
might be given, and one as insignificant as need be, there was John,
Earl of Aldborough. (Hear and laughter.) His lordship was very
active in defence of the church, and he was by no means to be
blamed ; on the contrary, he deserved the greatest commendations for
having come forward so boldly, and offered himself as a martyr for
the good of the church ! Such men honoured the cause they sup-
ported (Laughter), and the cause, in its turn, honoured them just as
much.
" In Dublin, the sixteen grand jurymen who had signed the
resolutions against the Catholics might have been bought (he was
going to say might, perhaps, be sold) by those worthier seven who
have refused their signatures. But he was not going to waste time
with the men, it was with their resolutions and petitions that he had
more properly to do, although, in truth, it was little better than a
waste of time to deal even with them. (Hear, hear.)
" These resolutions and petitions displayed a glorious continuance
of the system under which the ministry, which had fostered their
rankness, had begun its career — the same barefaced and impudent
falsehood — the same meanness and cunning. To that system the
majority of one, which they had obtained last session in the House of
Lords, was solely attributable. (Hear, hear.) They LuJ, in their
official paper, in the Moniteur of the Ministry, published a falsehood —
a foul and calumnious falsehood — imputing to the Catholics a
conduct disgraceful and mean as their own ; and by this had they
operated upon the unsuspecting minds who would otherwise have
voted with what turned out to be the minority. To the same base
system recourse was had now. The London Courier, the same
paper I have alluded to, has, in its last number, a paragraph, stating
that the ' Third Part of the Statement of the Penal Laws, aggrieving
the Catholics of Ireland,' had been received in London ; and that it
contained a full and faithful account of the views of the Catholic
body. They already knew that this was a pure and mischievous
falsehood ; the so-called ' Third Part of the Statement, &c.,' was a
production of some of the hired writers at the Castle, and was only
262 MEMOIR AND SPEECHES OF
to be found in the sliop of Jack GifFtird, or some of his compeers in
^corruption and bigotry.
" But to return to the resolutions of the meetings. They had
brought forward various accusations against the Catholics, and to one
of them I, for one, am perfectly ready to plead guilty. They have
said that what we once asked as a boon and as a favoui-, we now
demand as a right ; and they say well. We do so. (Hear, hear.)
I would take Emancipation in whatever shape it came ; if it was even
held out as are the alms of a beggar, I should accept it. But should
I for that the less consider it as a right which was my due, and which
ought to have been obtained by insisting on it as such ? Cei'tainly
not. I am glad from my soul that they admit this — that they allow
we consider it as a right. For when they allow that we demand it
as a right for ourselves, do they not likewise allow that we grant it as
a right to others ? and they themselves do away with the foul calumny,
that our religion leads us to believe that no one should have equal
right with professors of it. If religious liberty is right to one, it is a
right to all. When we, therefore, say it is a right to us, we allow
that the same right belongs to the Quaker, the Presbyterian, the
Dissenter. We do not ask it as relying on our numbers, our
strength, or the wealth of our body ; we come forward on the broad
principles, that political equality is the right of men of all religions ;
and this our enemies allow ; let tliem not, therefore, shrink from the
consequence.
*' But if they have said the truth in this instance, they have amply
compensated it in others by the most unblushing falsehoods. They
have thrown out imputations in their resolutions which, I am sure, they
themselves are conscious of being grossly calumnious, and which they
would not dare, even in terms the most distant, to insinuate in private
life to any Catholic gentleman in Ireland.
" They have said that the Catholics are disaffected. Yet how
often have these Catholics sealed their loyalty with their blood ! If
the Prince Regent has forget Ireland in his speech, his enemies might
remind him of her by the respect which they pay him in consequence
of the resources he derives from her. Did not Vimiera — did not
Talavera and Badajoz give proofs of the loyalty of the Catholics ? at
Salamanca, was it not felt in the terrors of rout and defeat by every
flying Frenchman ? It has been amply proved. And if Britain
would know the benefit she derives from the proof of it, she may
have an idea from but one solitary instance. Before the late removal
of part of the Penal Laws, I myself had no less than forty relations
DANIEL O'CONNELL, ESQ., M.P. 263
in the military service of France, from an inspector-general of in-
fantry down to a lieutenant ; I have now none ; but in every victory
which graces the military annalsof the British empire, I have to tremble
in perusing the G azette, lest I meet among the lists of the honourable
dead, the name of some dear and respected relative. Sixteen are at this
moment serving in the Peninsula. If such be the case only in
one instance, and resulting only from the removal of a part of
those laws, what might not be expected to the interests of
Britain, were the same benefit extended to all, and the hopes of
our youth allowed, in every instance, to be bound only by their
merits ?
" They accuse us of a wish for Catholic ascendency. Their
inconsistency in the accusation is glaring and ridiculous. They
first blame us for asking Emancipation as a right ; and they
then say that we are desirous of a Catholic ascendency. Does not
the demanding Emancipation as a right imply that an equality of
privileges is the right of every citizen, be his religion what it may ?
And does not the wish for a Catholic ascendency imply, that we
think no man ought to be on an equal footing with the Catholic ?
The absurdity is manifest : they accuse us of saying that an equality
of civil privileges is the right of every citizen, of whatever persua-
sion ; then they accuse us of saying, that there should be no
such thing as an equality of privileges ; and they condemn us for
both.
"But their absurdities shall not be the ground on which we
shall defend ourselves. The accusation is contrary to our feelings —
to our opinions ; we have already expressed our disapprobation of any
connexion subsisting between government and the Catholic prelates ;
and I am free to say, that there is no event which I siiould consider
more fatal to the liberties of Ireland than what they have called a
Catholic ascendency. Our prelates would no longer be the respectable
characters in which we now revere everything that is virtuous or
respectable ; they would, at least, have more temptations to become
otherwise ; and whenever they should degenerate into the tool of the
minister, then should I consider the doom of Ireland as sealed for
ever.
" There is, I am sure, no man of education who hears me, that
does not join in the opinion that I have oifered ; and there is none
who, even in the warmest moments of enthusiasm for the prosperity
of those professing the same religion with himself, that can be
charged with having ever uttered a word inconsistent with it. I do
264 MEMOIR AND SPEECHES OF
not refer our enemies to the resolutions of our meetings ; but let
them go to the most incautious speech that ever was delivered at any
of them — let them scrape together words uttered in the heat of
debate, even then I defy them to find a sentence that will bear them
out in their accusations. It is not necessary for them, after being-
foiled in the search, to betake themselves to conjecture, and to build
a conclusion, on their own suppositions, of our wishes ; for well they
know, that we have too much of Irishmen about us to conceal them,
did we entertain them.
" So far, indeed, from Avishing for ascendency, we do not desire
that we shall be necessarily taken into any office or political employ-
ment whatever ; all that we insist upon is, an enlargement of the
prerogative of the crown, by which his Majesty may be allowed a
wider range in search for virtue, talent, and respectability, among
his subjects, in selecting the offices necessary in his government.
" There is another circumstance of much importance, which I
think it necessary to call your attention to. Every body recollects
that the last parliament was pledged — solemnly pledged to the
serious and immediate consideration of our claims. The present
parliament is completely bound by the promise of the former ; it is
still the imperial parliament, though a few, and very few, indeed, of
the persons composing it have been changed ; I should hope it will
recollect this ; it would be a most truly gross and miserable chicanery
if it were to attempt a recantation, knowing, as we do, that not even
the whole of the new members amount to near the majority, which
had the wisdom to decide on giving us a hearing. There is a solemn
and deliberate treaty — a direct and unequivocal pledge ; it is true,
we have known treaties violated ; and it is, unfortunately, full as
well attested, and that to our own knowledge, tliat pledges have been
left unredeemed. Let them recollect the terrible confusion that
ensued when a former pledge was revoked. I shall quote an autho-
rity for them, and one which they will be likely to respect, that of
Sir Lawrence Parsons, now Lord Koss, as to the probable conse-
quences which he thought were likely to result from retracting that
pledge — consequences far more dreadful than I shall either look for
or suppose.
" When Lord Fitzwilliam came over to this country as chief
governor, he gave a pledge for the repeal of the penal laws, when by
one of those changes, not unfrequent in the Pitt administration, the
pledge was left unredeemed, and that patriotic earl was recalled.
When the subject, hosvever, came before the House of Commons, Sir
DANIEL O'CONNELL, ESQ., M.P. 265
Lawrence Parsons delivered his sentiments, and we have those
remarkable expressions in the report of his speech. It is impossible
to assert, that it gives precisely his words, but if any report be correct,
I should suppose this to be, for it seems to bear great marks of care
and attention. The report states, that Sir Lawrence Parsons said in
the House of Commons, ' if a resistance to any thing would be pro-
ductive of evil consequences, it was that against the wishes of the
people, and the prospects which have been held out to them ; that if
the demom of darkness should come from the infernal regions upon
earth, and throw a fire-brand among the people, he could not
do more to promote mischief.' I hope some one will remind him of
this part of his speech at the King's County meeting, which I hear
he is to attend to-morrow. He continues, ' he had never heard of a
parallel to the infatuation of the minister ;' he may see one now ;
' and if he persisted, every man must have five or six dragoons in his
house.'
" And it was true ; for in many houses it was necessary for the
owners to have five or six dragoons, and the whole country was
thrown into confusion. I hope and trust that no such consequence
will ever again occur, though sure I am that such is the desire of the
British minister. He wishes (to make use of the words of Christopher
Hely Hutchinson) that you should draw the sword, to afford him an
opportunity of throwing away the scabbard. Certain he was, that at
this very moment, there was a foul conspiracy to draw the warm-
hearted, but unthinking people of Ireland into a sham plot, to give an
opportunity of wreaking vengeance on her dearest sons.
" Here he must warn his countrymen to abstain and shun, with
the greatest caution, every inducement which might be held out to
them for disturbances similar to these he had alluded to. Nothing
would more thwart the progress of their cause ; nothing, he suspected,
could, for that reason, be more satisfactory to the ministry, than just
so much of it as would give a pretence for a suspension of the Habeas
Corpus act, and some other violences of the same description, toge-
ther with a total refusal of the claims of the Catholics. Ireland had
ah'eady been taught to beware ; her lesson had been stamped in
letters of the best blood of her children, and assuredly now she would
avoid the snare which was intended for her.
" That such was the wish of certain persons in power, he could not
doubt. Keegan's plot was not yet to be forgotten ; occurrences of the
same kind had been discovered in Kilkenny and Limerick. "What,
too, was the reason that the garrison of Dublin was under orders to
266 MEMOIR AND SPEECHES OF
be in immediate readiness to march ? Why were the matches kept
lighted ? Why preparations made for attack or defence ? Was it
not to inspire credulous people with the idea that there was danger of
an insurrection ; and to induce others, who thought their wrongs
almost called for it, to believe that they might soon hope to be joined
by others, as inj ured and more determined than themselves : keeping
alive, on the one side, the fire of hatred, and on the other, the desire
and hope of revenge.
" But the people of Ireland have too much good sense to be misled
by such phantoms, by such paltry contrivances. They see that a
pretext is only wanting to crush them and their claims for ever, and
cancel the bond in the best blood of their country ; and they despise
the nefarious attempts that are made upon them. They feel, too, that
their cause is advancing ; nothing can prevent its progress. Ireland,
in the meantime, is tranquil, and awaits the result with confidence
and hope.
" The Prince Regent, in his speech from the throne, alluded to the
disturbances in England. What a pity that he had not a Professor
Von Feinaigle to recall to his recollection, that he had five millions
of peaceable subjects in Ireland, who bore their oppressions with for-
titude, and who could not be goaded into disloyalty, even l)y the foul
and false calumnies which were heaped upon them. No ; they had
proved, and they would continue to prove, that the depraved and con-
temptible fabricators of those tales had mistaken their aim, and that
they could no longer practise upon the credulity of their intended
victims. How much it is to be lamented, that his Royal Highness
had not some person to remind him of Ireland ; and to point out the
contrast which so strikingly exists between the quiet and profound
peace which reigns in it, and that tumult in the other island which
he thought it proper to notice in his speech.
" I shall now conclude, intreating your pardon for having trespassed
so long upon your time, and returning you my grateful thanks for the
many marks of your favour which you have been pleased to confer
upon me; and particularly for the attention and kindness with which
you have heard me this day. I also express my most entire concur-
rence on the resolutions which you are about to adopt. (The whole
of this speech was received with the most marked applause. Mr.
O'Connell was frequently interrupted by the cheering, and the accla-
mations continued long after he had ceased.)"
Early in 1813, the Catholic Board set about taking the
DANIEL o'CONNELL, ESQ., M.P. 267
necessary steps for pushing, with vigour, the agitation of their
cause during the approaching session. At their first meeting
for the year (upon the 16th January), the question of appointing
delegates, to accompany Lord Fingal to London, was brought
forward, and Mr. O'Connell urged their immediate appointment,
as "the events of even one week might be very important."
Mr. Lawless, however, opposed any immediate step, and suc-
ceeded in postponing it for two meetings ; when, on the 29th
January, the following were selected (by ballot) to accompany
his lordship : —
Randal M'Donnell, Esq., Owen O'Connor, Esq. (O'Connor
Don), Sir Francis Goold, Baronet, J. J. Burke, Esq., of
Glinsk, Peter Bodkin Hussey, Esq.
At one of these meetings Mr. O'Connell drew attention to
the following matter. He stated —
" That such was the deplorable state of ignorance in which the
people of England were kept with respect to the real circumstances
connected with the Catholic cause, that a petition had been resolved
upon, by the Dean and Chapter of Worcester, against the Catholic
claims upon the sole ground of that ridiculous fabrication, entitled
' the Third Part of the Statement of the Penal Laws,' which had
been the joint production of one of the young men at the Patriot
newspaper office, and of another Castle salaried scribe, who was well
known, and which was so gross a fabrication, that it was astonishing
it could impose on any men.
'* Still, however, with the assistance of that part of the English
press which was paid for deceiving the people, and so paid, let it
be remembered, with their own money, the cheat had passed very
generally. He thought it highly expedient that some means
should be adopted to show the people of England how they were
deluded."
Michael Fitzsimon, Esq., immediately gave notice of a motion
for " a formal disclaimer to be made by the board, of the work
in question."
A letter was received from Mr. Jermingham, one of the
secretaries to the English Catholics
" touching the general question of
Emancipation. This letter seemed to intimate some intention
268 MEMOIR AND SPEECHES OF
on the part of the English Catholics, to accept of terms of a
qualified nature from ministers, and to put forth a suggestion that
it would be for the advantage of the general cause to suffer the
English Catholic petition to be discussed before the Irish.
" Upon both features of the letter much interesting discussion
took place, and the result was the adoption of the following
resolution, which we think (continues the journal that gives the
account — the Freeman) a most appropriate answer to our
Catholic brethren at the other side of the water.
" ' Resolved That on reading Mr. Jermingham's letter to Mr. Hay, we do
unanimously agree, that Mr. Hay be directed to write to Mr. Jermingham, in
the most respectful manner, intimating that we have no communication,
whatever, to make upon the subject of that letter.'
" This resolution, we believe, sufficiently shows that there is
no identity of interest, or at least views, between the English
and the Irish Catholics ; and that the latter shall never consider
themselves bound by the terms of any pusillanimous capitulation
which the former may take upon themselves to make."
The long pending case in the Common Pleas, Taaffe v.
Chief Justice Downes, was, early in February, 1813, decided
against the Catholics, by the majority of Lord Norbury, Justices
Johnson and Fox, to Mr. Justice Fletcher, who delivered an
admirable judgment for the plaintiff.
Another matter of great interest came before the Courts in
the month in question — the trial of Mr. Hugh Fitzpatrick,
printer and publisher of Mr. Scully's " Statement of the Penal
Laws," for a libel alleged to be contained in a note to that work.
The libel, as alleged, was in imputing to the government the
fact of having caused a sentence of death to be carried into
execution upon a Catholic farmer, of the county Waterford,
named Barry, in the year 1809, notwithstanding that his
innocence had come out in the interval after his conviction.
During the course of his opening speech, the Attorney-
General, Saurin, remarked that there were evident indications
that the " Statement of the Penal Laws" came from a legal
hand ; and that its anonymous author, though safe from punish-
ment, ought not to be so, from remorse for his criminality.
Mr. Scully rose, in open court, and challenged the Attorney-
General to a fair and impartial trial of the facts in the allega-
DANIEL O'CONNELL, ESQ., M.P. 2G9
tions alluded to, and declared he would, if the challenge were
accepted, at once reveal the author's name.
The Attorney- General said he " stood there to prosecute a
libeller, and not to defend the government."
" Then (said Mr. Scully) you evade the offer, and decline
this public challenge in open court ?"
No answer was attempted, and the case went on.
During its progress, Mr. Burrowes Campbell, who had been
counsel for the unfortunate Barry, was examined by Mr.
O'Connell — reference being made to an affidavit of the accused,
stating the insufficiency of notice given him of his trial, and the
absence of material witnesses.
Mr. O'Connell asked the witness —
" You grounded your application to postpone the trial of the un-
fortunate Bany on the affidavit ?
" My first application was made on the first day of the assizes ; not
on that affidavit, but on the grounds of which the judge had judicial
cognizance — namely, tlie short time that the prisoner was in the county
(Kilkenny) having been transmitted, to take his trial, from the last
assize town, and the impracticability of procuring his witnesses on
such short notice. The learned judge said he would not grant the
motion ; the trial must go on.
" Was there any opposition made by the persons conducting the
prosecution to the postponement you required ?
" None whatever. Lord Norbury asked, was there sufficient busi-
ness to employ the court that day, exclusive of Barry's case ; and on
being informed that there was, he consented to postpone the case
to the morroiv only ! I then drew Barry's affidavit, and moved
upon it.
" Did any magistrate of the name of Elliott interfere ?
" Yes ; he was sitting in the bar-box when one of the bar men-
tioned to me that he (Mr. Elliott) knew three of the parties mentioned
in the affidavit. I asked Mr. Elliott, in open court, if these parties
resided at the distance stated, and he said they did. I therefore
moved a postponement to enable *my client to procure their atten-
dance ; but the Judge thought proper to refuse the motion.
" What passed afterwards ?
" Some things which I do not wish to repeat ; and therefore request
you will not ask me, if not material to do so.
270 MEMOIR AND SPEECHES OF
" However unpleasant, sir, it may be to you to answer, or me to
ask, my duty compels me to request an answer.
" I told the Judge that I would not go through the mockery of a
trial, when I knew the man had not his Avitnesses ; and that if the
trial were called on, his lordship should defend the man himself.
I accordingly threw up my brief, and left the court.
" Anything more ?
" Yes. I received an authoritative mandate to attend the trial,
which, however, I contemptuously rejected.
" From whom did you receive it ?
" From the Judge.
" On what grounds did the Judge refuse the application by
affidavit ?
*' He said he had had communication with the magistrates, and that
if a trial was to be postponed upon an affidavit, so comflete and profes-
sionally drawn as that I offered, the business could not be proceeded
with, as prisoners would only have to employ counsel to draw an
affidavit when they wished to put off their trials. / asked his lord-
ship what he would have said if the affidavit had been defective ?
" Did you, after the conviction of this unfortunate man, make any
application on his behalf to the Judge who tried him, in order to
obtain mercy ?
" After the conviction, I wrote a respectful letter to Lord Norbury,
enclosing the voluntary affidavits of those persons who were to have
been Barry's witnesses, in which they swore that he icas in their
company at a distance of forty-Jive miles when the robbery rvas com-
mitted ! To this I never received any answer, except a verbal one,
which I cannot take upon me to say had been sent by his lordship.
I then applied to the Attorney- General.
" Did you mention the circumstance to any person ?
" I did. I talked publicly of it in the hall of the Four Courts, and
told it to every body I met.
" In speaking of it, did you represent it as an ordinary occurrence,
or otherwise ?
" [Here the witness shook his head.]
" Judge Day observed, that the shake of the head was a Sufficient
intimation of his sentiments.
" Mr. Campbell answered — I looked upon it as otherwise ; and
thought the Judge's conduct in refusing to postpone the trial as con-
trary to law."
Mr. O'Connell having concluded the direct examiuation,
DANIEL O CONNELL, ESQ., M.P. 271
the witness was cross-examined by the SoHcitor- General, but
nothins: new was elicited, save as follows : —
" Did you ever repi'esent that pardon was refused to this convict
because he was a Roman Catholic ?
" Never. Though I sincerely love the Roman Catholics, and hope
for their emancipation, yet I don't know that they are so hadly treated
as that.
" Mr. O'Connell (proceeding to re-examine the witness). — Not so
bad ? — No, they are not all hanged ! You have been- asked whether
you made the application to the Judge and to the Attorney-General
on the same grounds as those stated in the former affidavit. Were
there any other grounds ?
*' I made it on the grounds of two affidavits— the one made by
James Rodgers and three other persons named in the affidavit, sworn
to postpone the trial, stating that on the day charged in the indict-
ment, the convict, Patrick Barry, was in their company at Kilcannon,
at the distance of forty or fifty miles from the place where the
alleged robbery was committed, and that they had never heard of
his being accused of the robbery till after his trial. I sent the affi-
davits, with the memorial, to Mr. Saurin (Attorney- General). I never
imputed any censure to the Duke of Richmond, but to another and
a different person. I mentioned the circumstance to every gentleman
of the bar with whom I was acquainted.
" Mr. Justice Day. — In what manner did you speak of it ?
" I always spoke of it as a most shocking event !
"Mr. O'Connell. — You had no doubt it was a shocking circum-
stance ?
" It was a most shocking circumstance.
" Mr. Justice Day. — You say there was nothing imputable to the
government ?
" Certainly not, that I know.
" Mr. O'Connell — Are you of opinion that the conduct of the
Judge was a fit subject for parliamentary inquiry ?
" I am ; and I did at the time think so, and repeatedly said so.
" Did you not, by your letter to the Attorney- General, offer to
attend him, and give every further explanation concerning this
illegal transaction ; and did the Attorney-General ever send to or call
upon you ?
"I did make such an offer; and I never heard further from the
Attorney- General ! ! !
272 MEMOIR AND SPEECHES OF
" Pray, Mr. Campbell, was not this melancholy transaction a matter
of public notoriety, and in every body's mouth, long before the publi-
cation of the ' Statement of the Penal Laws ?'
" Oh, very long ; I spoke of it publicly in November term, 1809-
The statement was not published, as I believe, until May, 1812.
' " [The witness then withdrew.]
" Mr. O'Connell remarked, that the fact that Mr. Pole and Sir
Charles Saxton were the secretary and the under-secretary when the
book was published was admitted; and that in November, 1812,
when the information was filed, two other persons filled those
situations.
" The case having closed, he applied to be allowed to speak to
evidence, as witnesses had been examined on both sides, and cited a
case in point.
" Chief Justice. — The practice is otherwise ; we therefore cannot
break this rule, unless there is matter of law to be observed upon.
" Mr. O'Connell My lord, there is matter of law in this case as
well as matter of fact.
" Chief Justice. — I do not conceive the right exists here ; but I
should have no objection to hear you, if counsel for the prosecution
consent.
" Mr. O'Connell My lord, I shall not ask any indulgence from
the counsel for the crown. If I have not a right to observe on the
matter of law, which in this case is so intermixed and blended with
matter of fact, I shall sit down.
" Mr. Justice Osborne. — I conceive that with respect to the matter,
of law, the Attorney- General has something, indeed, I think, he has
a good deal, to answer.
"Mr. O'Connell. — Your lordship sees that the alleged libel is
stated to be against the Lord Lieutenant, and his ministers acting
under his authority ; and it appears, by admission, that those ministers
(as they are ignorantly styled by the pleader) were not the persons
acting under the authority of the Viceroy, at the time when this
information was filed. It is predicated of Mr. Peel* and Mr.
Gregory."\
With this quiet slippiyig in, by Mr. O'Connell, of the argu-
ment he was not permitted to make as a speech, his part in the
case ended at that time.
It is well that the circumstance of Mr. O'Connell's examina-
* The present Sir Robert Peel, then secretarj' for Ireland.
I Father of the member for Dublin, then under-secretary.
DANIEL O'CONNELL, ESQ., M.P. 273
tion of witnesses has enabled us the foregoing details — showing
what species of judges this unfortunate country was cursed with
under our English rulers.
Mr. Burro wes, Mr. O'Connell's senior in the case we have
quoted from, had been heard after the closing of his client's
case. The SoKcitor- General now replied; and the Chief
Justice having subsequently charged the Jury, they retired for a
short time, and then returned with a verdict of " Guilty."
Mr. Burrowes objected to the charge that had been given
them. " The learned Judge," he said, " ought not to have
directed the finding of the averments."
In pursuance of his objection —
" Mr. O'Connell, on the sitting of the court the following day
(Thursday, February 11, 1812), rose to make an application to set
aside the verdict which had been obtained in this case, as originating
from the misdirection of the learned judges who had charged the jury,
and as being against law and evidence.
" The Attorney- General just came into court when Mr. O'Connell
had proceeded thus far, and called on Mr. Fitzpatrick to appear in
person.
" Mr. Fitzpatrick immediately came into court, and the Attorney-
General moved that he should then stand committed.
" Mr. O'Connell observed, that such a motion on the part of the
Right Hon. Attorney-General Avas just what had been expected.
" The court complied with the Attorney- General's motion, and
ordered that Mr. Fitzpatrick should stand committed.
" Mr. O'Connell then resumed. He said he made his motion upon
the grounds alleged in the notice, which had been served on the
other side. The first of which was the misdirection of the learned
Judge who had charged the jury ; and the second ground was, that
it should not be permitted to stand, inasmuch as it was contrary
to law, and against evidence.
" He said that in case this motion should be refused, it was his
intention to submit a further one in arrest of judgment, grounded on
the pleadings alone ; but as the two motions were perfectly distinct,
and that the second one would not become necessary unless the first
was refused, he should confine himself solely to that which he had for
its object— the setting aside the verdict.
T
274 MEMOIR AND SPEECHES OF
'* Beside these two grounds which he had mentioned, there were also
two others — viz., that the defendant had been deprived of the benefit
of a second counsel being permitted to address the jury, although he
had produced evidence, which Mr. O'Connell contended was his
right ; and that the information charged the defendant with having
libelled the Duke of Richmond, and his Majesty's ministers in
Ireland, acting under his authority, when, in fact, if any imputation
of the kind could be attributed to the note which formed what was
termed the libel at all, it must have been intended to allude to those
who had acted, not those who were now acting ; for every person
knew that those non-descripts, who were entitled his Majesty's
ministers, had been chai'ged both between the execution of Barry,
and the publication of the book ; and again, between the publication
and the filing of the ex-officio information by the Attorney-
General.
" The information had been filed in Michaelmas tei"m; it contained
two counts, the second of which was wholly out of the question.
The word farmer had been omitted ; and in a prosecution of this
nature the defendant was fully warranted in taking advantage of
anything in his favour ; when the point had been made at the
trial, it was not contested. The second count was, therefore, wholly
out of the case.
" This information stated that Hugh Fitzpatrick being a person of
a bad, malicious, and wicked disposition, &c., and desu'ing to stir up
and create a rebellion, vice, did, on the 19th of June last, publish
a libel, a false and scandalous libel, of and concerning his Grace the
Duke of Richmond, &c., and of and concerning his Majesty's
ministers in Ireland, acting under the authority of the said Lord
Lieutenant, &c. It then recites the libel itself, which is of the
following tenor : —
"'At the summer assizes of Kilkenny, in 1810, one Barry was
convicted of a capital offence, for which he was afterwards executed.
This man's case was truly tragical — ^he was wholly innocent — was a
respectable Catholic farmer in the county of Waterford. His
innocence was fully established in the interval between his conviction
and execution, yet he was hanged, publicly protesting his innocence !
There were some shocking circumstances attending this case, which
the Duke of Richmond's administration may yet be invited to explain
to parliament.'
"After the libel, close follows the inuendo, ' meaning that the said
DANIEL O'CONNELL, ESQ., M.P. 279
Barry did not obtain pardon, because he was a Catholic, although
his innocence was fully proved to the knowledge of the said Duke of
Richmond, &c.'
" Such was the information which had been filed by his Majesty's
Attorney, upon which a jury returned a verdict of guilty, and
in consequence of which Mr. Fitzpatrick then stood in actual
custody.
" The first of these objections to allowing the verdict to stand,
turned upon what was conceived to be the misdirection of the
learned judge's charge, which had left it to the jury to decide upon the
truth and applicability of the last inuendo, which was described, as the
meaning of the passage, that the said Lord Lieutenant had been
advised by his ministers to refuse pardon to a person where
innocence had been made apparent after his trial and condemnation,
and that such pardon had been accordingly refused in the face of a
conviction of innocence, and solely because he was a Catholic.
" This inuendo contained much new matter which had not been
spoken of before.
" Of all this, said Mr. O'Connell, there had been no previous
averment ; the information contained only an assertion of the inten-
tion being to viUfy. There was not a word in the libel concerning
advice received by the Lord Lieutenant, or of any action of his in
consequence of it ; yet, that such averment was necessary there was
the strongest authority to prove. In the case of the King against
Home, where the opinion of the twelve judges of England was asked
by the House of Lords, and was delivered by the Lord Chief Justice
De Grey, his lordship states (reported. Cooper, page 683) that where
a libel is of such a nature, either from its being ironical, or from
having an allusion to circumstances not generally known, that the
words in which it is given do not, of themselves, convey all that is
meant and understood, it is necessary that the things so understood
and not expressed, should be laid before the jury ; but that a jury
cannot take cognizance of them unless they be upon the record,
where they cannot be unless by an averment ; so that either the
charge of the Court, upon the trial of Mr. Fitzpatrick, must have
been wrong, or the opinion of the twelve English judges, expressed
by Lord De Grey, must be so. It could not be said that the
inuendoes themselves were, in reality, averments ; an authority (2nd
Salkeld, page 315) was perfectly conclusive on this subject; an
inuendo being there defined negatively as not being an averment,
but on the contrary, a production, id est, &c.
276 MEMOIR AND SPEECHES OF
" It being thus ruled that a jury could not take cognizance of the
matter contained in an inuendo, without there having been a pre-
vious averment, it followed that no evidence in support of the in-
uendo, in the present case, should have been allowed to go to the
jury, or, if it had been so allowed, that the judge should have desired
them to discharge it entirely from their minds previous to giving a
verdict. This, however, had not been done ; and, on the contrary,
the Court had desired the jviry to consider the information precisely
as if the averments had been regularly made ; it was universally
allowed that averments were necessary to let in evidence of meaning,
even where such evidence could be produced. But here, in point of
fact, the Crown did not go into any evidence to show the meaning,
or prove the inuendoes ; and, with great respect, he conceived that
the jury should have been told, there was no evidence in support of
the inuendoes, and directing them to find the truth and applicability
of those inuendoes, there being no averments, was travelling out of
the limits prescribed by the law, and recognised by Chief Justice
De Grey and the twelve judges of England, and, therefore, he con-
ceived that the charge of the learned judge had been erroneous, and
contrary to law.
" The next ground to which he should call the attention of the
Court was, that there existed a material variation as to a matter of
fact, between the evidence given or admitted, and the information.
The information stated, that the libel had been published of, and
concerning the persons acting as his Majesty's ministers in Ireland;
that is, of the persons so acting at the time of the publication of the
libel. Now, it was obvious that this was an anachronism of the
grossest kind. The circumstance which gave occasion to the libel
had taken place in 1809 ; the book had been published in 1812, and
the ministers of these two periods were entirely different. How,
then, could the libel be said to regard the ministry existing at the
time of its publication ? It was impossible that it could not exist
without entirely vitiating the information.
" He now came to the third ground for the motion, and upon that
he should be still more brief than he had been on the other two ; it
related to the trifling advantage which he might have derived from
being allowed a counsel to speak to evidence. It was very con-
fidently relied upon, that there could not exist any doubt as to the
right of the defendant, evidence having been produced on both sides.
The objection upon the trial came from a quarter to which no reply
could be made, namely, the Court ; had it been otherwise, it might
DANIEL O'CONNELL, ESQ., M.P. 277
have been easily and satisfactorily shown, that the reason given for
this decision did not apply.
" Formerly, it had been the practice, if the defendant had evi-
dence, to allow him the benefit of counsel to speak to that evidence.
The judges of that court (the King's Bench), however, had thought
proper to alter this pi-actice ; they determined that no second counsel
should be heard upon the part of the defendant, and they gave as the
reason for coming to this decision, that the defendant's counsel, in
opening his case, speaks to the plaintiiFs evidence, and observes upon
his own. It was also a part of the rule, that unless the defen-
dant goes into evidence, the plaintiff has no right to be heard by a
second counsel ; yet the very Court he was then addressing, and
which had made the rule, had heard counsel for the crown twice in
the case of the King v. Kirwan, although there had been no evidence
produced by the defendant. It must naturally be supposed, that the
Court had determined, that in civil cases no -second counsel should be
heard, but that criminal ones did not come within the rule, otherwise
it would be, in fact, granting to the crown an additional and neces-
sary advantage. Lord Kenyon, in the case of the King v. Abbing-
ton (1st Espina, 136,) condemns the practice.
" Considering that the crown had the benefit of the great and
unrivalled talents of the Solicitor-General, who was to reply, an
advantage which nothing could have procured the defendant, and
which nothing within his power could balance, as the learned gentle-
man who had opened his case could not be heard a second time, and
that it would have fallen to his (Mr. O'Connell's) lot to have spoken
to evidence, his client, certainly, had lost but a small advantage ;
such as it was, however, he had a right to it ; but the Court had
thought propel- to over-rule that right, and in doing so liad referred
to the case of the King v. Kii'wan. Coupling the decision in the
case referred to, with that on the late trial, it came to this, that the
rule does apply to take away the advantage from the traverser, and
that it does not apply to take it away from the crown.
" This was a position which he was sure their lordships would not
think of establishing, and unless they did so, the right of his client
to the benefit of a second counsel was unquestionable ; therefore, the
denial of it by the Court rendered the trial faulty, in respect to the
manner in which it had been conducted, and consequently the result
of it nugatory.
" He had now arrived at the fourth objection, and one of much
impcrrance; it was, that the jury had, upon the most material pan of
278 MEMOIR AND SPEECHES OF
the information, found the verdict without evidence, and even
contrary to evidence. Mr. O'Connell here read over the paragraph
forming the libel, and contended that there had not been sufficient
evidence to connect any part of it as a libel with the name of the
Duke of Richmond. This had been attempted, indeed, by connect-
ing the circumstance mentioned in the libellous note, with passages
in the text to which a construction had been given favourable to the
inference wished to be drawn from the whole. It was first said that
the passages thus read, stated that government was influenced in
granting pardon to criminals, or in denying it by their religious
persuasions ; and it was then concluded that the note was intended
to give an instance of the partiality alluded to in the text ; and had
the text been examined more clearly, it would have appeared that the
thing expressed was, that Protestant criminals had a greater facility in
procuring attestations of previous good character, or of other circum-
stances, such as usually entitle to pardon, than Catholics, and,
consequently, that the Lord Lieutenant, so far from having been
accused, was justified for granting pardon more frequently to the
one than the other ; the note, then, being an instance of what was
asserted in the text, could not reflect, by any means, upon the Lord
Lieutenant. As to the concluding part of the note, which stated
that the Duke of Richmond's administration might yet be invited to
explain certain circumstances to parliament, it only meant that the
documents for regular investigation, being in possession of the ministry,
could not be procured without inviting its aid.
" Had the trial been had before an unbiased j ury, it was very
probable that the result would have been very different. It was
very likely that they would not have been content with the mere
assertion of the Attorney-General, that the note which formed the
subject of the libel was intended to vilify the Lord Lieutenant and
his Majesty's ministers in Ireland, acting under his authority ; they
might possibly require an explanation of tvho those persons, called
ministers, actually icere, before they convicted a respectable and
honest man of libelling them, merely because the Attorney- General
had thought fit to say they were libelled.
" It was matter of Irish history, that when these state prose-
cutions were carrying on against a Catholic of this country,
not one man of his own religion was suffered to remain upon the
panel.
" This had been stated by the respectable and learned gentleman
who had opened Fitzpatrick's case, and was not attemped to be
DANIEL o'CONNELL, ESQ., M.V. 279
denied. It was observed, indeed, that one Catholic name had
happened to be put upon the panel through mistake ; this fault,
however, was not intentional ; it had occurred, by accident, and no
doubt the apology which such a trespass required was made. He
was not now stating anything improbable or unwarranted, for it was
a well known fact that the persons who had the appointment of the
jury, had given a solemn and deliberate pledge of their dislike and
Iiatred of Catholics ; and that it was to this avowed hostility to so
numerous and loyal a class of his Majesty's people, that they awed
their election. Thus, in a case where a Catholic is tried upon a
charge of asserting, that the Catholic subjects of this country have
not equal justice done them, special care is taken that not more
than one Catholic shall be put upon the panel, and that he shall not
be of the jury, but that the accused shall be tried by twelve men, of a
different persuasion from himself, and some of them, perhaps,
strongly imbued with prejudices unfavourable to himself and his
religion. Had the question been one of property, such a disgraceful
circumstance would not have taken place in the city of Dublin,
where as many upright, wealthy, and respectable Catholics were to
be found, as could be selected from the ranks of their Protestant
fellow subjects.
" Mr. O'Connell now shortly recapitulated his arguments, and sub-
mitted to the Court that he had made out a case sufficient to induce
their lordships to set aside the verdict ; and if Mr. Attorney-General
thought it prudent to file a fresh information, that a new investigation
should be entered into.
"The Chief Justice said, that Mr. O'Connell had made much
more of the argument than, in the beginning, he thought could be
done.
" Motion refused.
" A suggestion was made that it should remain over tiU next tenn.
" Mr. O'Connell — ' But, my lord, Mr. Fitzpatrick is in actual
custody, and it would be very oppressive that he should remain in
confinement the whole of the vacation, when it is strongly relied upon
that there are sufficient grounds to arrest judgment.'
" Mr. O'Connell prayed the Court that Mr. Fitzpatrick's recog-
nizance might be immediately taken, in order to avoid his re-
maining in custody all night. He said that Mr. Fitzpatrick was a
respectable man, and there was no danger but he would be forth-
coming. He, therefore, presumed that his own recognizance would
be sufficient.
280 MEMOIR AND SPEECHES OF
" Security — himself in £1,000, and two others in £500 each —
required.
" Mr. O'Connell — ' You were already offered to have that requi-
sition complied with upon fair terms. The bail shall be immediately
produced.' "
The conduct of the English Catholics came under discussion
for the second time this year, in the Dublin Board, on the 13th
of February. On this occasion —
" Mr. O'Connell rose to propose a resolution, on which he believed
there would be but one feeling in the board. It related to the
gratuitous intei'ference of a gentleman in England, and a Catholic,
too. The Catholics had before suffered from the officious and un-
authorized interference of persons, who had undertaken to act for
them with, perhaps, the very best intentions in the world ; and it
had, therefore, become necessary for them to pay close attention to
any thing of the kind which was attempted, no matter from what
quarter it came. If, as he had just stated, that individual inter-
ference, though accompanied by excellent intention, had produced
unpleasant consequences, how much more likely was such conduct to
cause ill effects, if it were the offspring of a contrary disposition ?
" Whether the intentions of Mr. Charles Butler wei^e of this latter
description or not, he should not then take upon him to decide ; but
this much was certain, that he had echoed the despicable and un-
founded cant which the enemies of the body had been at such pains
to propagate ; he had complained of the intemperance with which
the just demands of so many millions of loyal though oppressed
people were urged. He had even gone farther ; he had attempted
to prove that the board had been guilty of intemperance ; but he
(Mi\ O'Connell) denied that he had proved any such thing ; he
utterly dissented from the chai'ge and assertion.
" It was not intemperance for men, who knew they deserved to be
free, to wish for freedom ; it was not intemperance for men, whom
the gifts of nature and the advantages of rank and fortune, had com-
bined to render eminent ; it was not for such men to be charged with
intemperance, because they panted to enjoy those common rights,
which are the inheritance of every man in this community. When
my Lord Aldborough, and my Lord Kiltarton, and such holy apostles,
assisted by others, whom motives of personal delicacy induced him to re-
frain from mentioning, wished to drown the Catholics in their inferio-
DANIEL O'CONNELL, ESQ., M.P. 281
rity — to force them to continue Helots — slaves — when they saw men
endeavouring to perpetuate and sustain every sort of political pro-
fligacy, and to clothe that profligacy in the sacred mantle of Chris-
tianity— it was not to be wondered at if those who were the sufferers,
should assert, with a manly, but constitutional firmness, the impolicy
and injustice of perpetuating their degradation.
" And was it for this that they were to be charged with intempe-
rance, by such men as he had described ? And how could Mr.
Charles Butler satisfactorily account for lending himself to such a
charge ? He (Mr. O'Connell) proclaimed the charge to be a foul
and malignant stratagem, invented by the enemies of the cause of
Ireland and of the empire. Thank God ! they could not say that
the Catholics prostrated themselves at the foot of the minister, for
the purpose of advancing their interest, or that they sacrificed them-
selves on the altar of dishonour, and bartered to become the slaves
of corruption, instead of being the slaves of an unjust and impolitic
penal code. Slavery, in the first instance, would be infamy in them-
selves; in the other (although acutely felt by the victim), it reflected
disgrace only on their oppressors !
'* He moved the following resolution : —
"Resolved — That from recent information, we deem it necessary to state,
that no person has been, or is authorised to hold any communication with any
members of the administration on behalf of the Catholics of Ireland as respect-
ing their affairs, our confidence being reposed in the noblemen and gentlemen
composing the delegation, and acting under the directions of the board.
" The resolution passed unanimously."
At a meeting of the board, on 24th April —
" Mr. O'Connell gave notice of a motion which he intends to submit
at the next meeting of the board, for the appointment of a sub-com-
mittee to make inquiries respecting the forged signatures attached to
the Dublin Protestant petition, so as that the same may be brought
before parliament.
" Mr. O'Connell entered notice of a motion that the delegates be
requested to return to England for the purpose of entreating the par-
liamentary friends of the Catholics to expedite the bringing in the
bill, &c."
On Thursday, the 25th of February, in this year (1813), Mr.
Grattan, in a committee of the whole house, moved a resolution
on which to found a bill for Catholic Emancipation.
282 MEMOIR AND SPEECHES OF
The discussion upon his resolution was animated, and pro-
tracted, by adjournments, to early on Wednesday morning, the
9th of March, when the committee divided as follows r —
For Mr. Grattan's motion ... 264
Against ..---, 224
Majority in favour - - - 40
This result was hailed in Ireland with feelings of joy, mixed,
however, with anxieties, lest the forthcoming measure of relief
should include any mention of the odious " securities."
At the end of April the bill itself was introduced ; and these
anxieties were found to be a good deal justified.
One clause of it stipulated that every Catholic clergyman
should swear " that he would not assent to, nor concur in, the
appointment of any Catholic prelate in Ireland, unless he should
consider such prelate to be of unimpeachable loyalty, and peace-
able conduct ! I "
On Saturday, May the 8th, the Catholic Board met at their
rooms, in Capel-street, to discuss their new prospects. Consi-
derable interest had been excited as to the course they would
take ; and, accordingly, the attendance was as large as could be
at all accommodated. The Duke of Leinster; his brother.
Lord William Fitzgerald ; his brother-in-law. Lord Kinnaird ;
and Lord Forbes, son of Earl Granard, were among the
visitants.
Sir Edward Bellew took the chair.
Several letters were read. Amongst others, one from the
Right Rev. Dr. Milner, from England, the contents of which
are described to have been " quite polemical, denouncing clauses
in the new bill, questioning the purity of the motives of several
characters who have been engaged in framing it, and insinuating
something like an imputation on Mr. Grattan."
" Mr. O'Connell lioped that the Catholic Board would not be
embarrassed by the discussion of polemics, with which it had nothing
to do. He could not reconcile it to himself, to sit down without
giving notice of a motion which he thought the reading of that letter
called for. Whenever the illustrious and venerated name of Grattan
DANIEL O'CONNELL, ESQ., M.P. 283
was mentioned at that board with anything bordering on lightness or
disrespect, he conceived it the bounden duty of the members to come
forward to remove the possibility of having it supposed that their
confidence in their long-tried advocate could be shaken. (Hear,
hear.) Therefore, he should give notice of a motion for next Satur-
day, that the Right Hon. Henry Grattan merits and possesses the
confidence- of the Catholics. (Hear, hear.)
" FOKGED SIGNATURES.
*' Mr. O'Connell rose, and stated that it was his intention to move
for the appointment of a committee to consider in what manner most
consistent with that delicacy which it was desirable to observe towards
the real Protestant petitioners, the immense number of forged and
fictitious names which had been afiixed to the petition, styled that of
the ' Freeholders, Freemen, and Inhabitants of the city of Dublin,'
and which had been presented with such ludicrous pomp and cere-
mony, might be brought before the imperial parliament.
" He requested permission to take that opportunity of returning
his thanks for the high honour conferred upon him, on the last day of
meeting, in his appointment as one of the Catholic delegates. He
entreated also leave to excuse himself from the apparent neglect of
his duties as such. Those who voted for him ought to have
recollected how entirely impossible it was for him, at this period of
term, to leave Dublin. He was ready to make every sacrifice
for the common cause ; he was ready to sacrifice his life to advance
civil or religious liberty in his native land. But he could not tamper
with the interests of other persons at that moment confided to his
hands. He, therefore, very gratefully and very respectfully tendered
his resignation of the oflice of delegate.
" As to the plan which he should recommend for the exposure of
the forgeries, he could not have thought necessary to suggest it at all,
had the Catholic bill been rejected. He was little disposed to desire
the Catholics to alter their tone at any time ; but when the legislature
evinced so decided a disposition to grant and to conciliate, he did not
think a con-esponding spirit should be wanted on their part.
" The Catholics had at length arrived at that important stage of their
history, that a bill, intended to give them^. relief, was actually making
progress in parliament. The good intentions of their friends in parlia-
ment were obvious ; they intended to extend eligibility — all that was
required — Avith considerable liberality. What a deplorable circum-
284 MEMOIR AND SPEECHES OF
Stance it was, tliat, with such excellent dispositions, they have not
taken the trouble of acquiring such information as would enable them
to carry their good intentions into practical effect ! The bill they
had brought in was a well-intentioned bill, but it was a slovenly
bill ! Slovenly in its recitals — slovenly and inaccurate in its details.
" Before proceeding further, he wished the tenor and object of his
remarks to be distinctly understood. There were clauses purely
civil, and clauses that had reference to ecclesiastical matters in this
bill. Upon the nature of the latter he should observe a total silence.
The discussion of them was too well calculated to produce heats
which it was his object to avoid. He should confine himself closely
to the subject of civil rights ; the board was not called upon to
entertain the question of religious security at all, nor, in fact, was it
necessary to be introduced anywhere for the present. When it was
seen that the legislature would grant civil liberty, then it would
be time to let those whose province it was, consider of religious
security.
" As he had bestowed much attention upon the bill, and as he was
anxious to serve his countrymen at home, when he did not perceive
how he could do it by going to England, he had felt it his duty to
lay before the board the frame and plan of a bill for civil liberty,
such as he conceived could not fail to satisfy the people. In submit-
ting this frame, he would again repeat, that he gave the persons who
had prepared and brought the bill now before parliament, the most
perfect credit for the purity of their intentions. His objections to the
frame of the bill were, perhaps, but technical, still he thought them
entitled to attention. There were phrases in the recital and enact-
ment which were new and unknown to the constitution and law.
Catholics were to be made participators in what was called ' Free
Government.' What was the legal meaning of the word government ?
It was a term, the legal meaning of which was unknown and undefined.
It would apply equally well to the government of Constantinople as
to that of England. In the common meaning of the word here, we
are apt to think of the government of the Duke of Richmond when
the words were used, and the Catholics did not desire to have it
understood that they wished to participate in his grace's government.
They felt no such inclination ; their wish was to participate in the
constitution — in the free constitution that had been framed by
Catholics — by rigid Catholics — all of whose grand, but now
neglected principles of popular power and popular representation,
had been established before Protestantism had a being or a name.
DANIEL O'CONNELL, ESQ., M.P. 285
" It might be deemed trivial to criticise verbal inaccuracies ; but
let it be borne in mind, that these were the words of an instrument
purporting to be a great state bond and compact between two nations,
united in name, but kept separate by impolicy and injustice. (Hear,
hear.) In this important act every word was of moment, for, upon
every word would depend the liberties of living, and of yet unborn
millions ! (Hear, hear, hear.)
" And sorry he was to say, that to defective recitals, still more
defective enactments were attached. True it would, upon the
condition of taking this vile oath, open the House of Commons and
the House of Peers, and many an important office and honourable
rank, and serve as a stage in the natural progress to the complete
establishment of an equalization of civil rights. But it was slovenly
as far as related to the peerage ; it was defective as far as related to
judicial offices ; it was useless with respect to corporations ; and it
did nothing at ail for charities, education, marriage, or landed
property ; and this was but a brief and amicable summary of its
defects.
" Such was the bill which was at that moment before the house.
How different from what it ought to be — how different from what it
might have been, if our excellent liberators had but condescended to
consult the parties most interested. (Hear, hear.)
" A draft of a bill has been prepared by my friend, to whose
pen and to whose services the Catholics are so much indebted (Mr.
Finlay). It has my warm approbation, because it is comprehensive
in its principles — ample in its relief. It would abolish all civil and
lay distinctions for cause of conscience, and open to every faithful
subject a career unfettered by the trammels of persecuting laws. It
would leave for merit what is now conceded to creed, and destroy
jealousies and religious animosities by removing their causes. Such
was the bill which, he trusted, would yet be brought before parlia-
ment. He begged permission, as it was short, to read it . . .
" Upon this Mr. O'Connell was called to order by Mr. Baggot, Mr.
Costigan, and Counsellor Bellew, who spoke at considerable length to
show that the merits of the bill, or of any substitute for it, could not
be relevant to the object of the motion before the board.
" After a good deal of discussion upon the point of order, in which
Mr. O'Gorman and Counsellor Finn also took part, the chairman
decided that Mr. O'Connell was certainly out of order, and that the
draft of the proposed bill should not be read.
286 MEMOIR AND SPEECHES OF
" Mr. O'Connell immediateiy submitted to the decision of the
chairman, although he said he could show that what he had been
saying bore directly upon the question then before the board ; before
he proceeded, however, to the more immediate discussion of that
question, he gave notice of his intention to submit, next Saturday,
a brief abstract and skeleton of such a bill as he conceived was
calculated to grant real and complete Emancipation. (Cheers.) I
am now come (said he) to that part of the question which is included
in the very terms of my motion. I am not confined to the history of
the fraud and forgery of which I now complain. I shall not, I trust,
be interrupted whilst I observe shortly upon its clauses. I allude not
to the hostility — the rancorous but ineffectual hostility of the
Richmond administration, in this country, to the rights of the Irish
Catholics. That is scarcely worthy of investigation, and deserves
little more than to be mentioned for the purpose, simply, of reproba-
tion. The causes I advert to lie deeper ; they are to be found in
the great and continued success of which falsehood — unblushing
falsehood — ^has already had against the Irish Catholics ! It was not
in the field of battle that our liberties were cloven down ! (Hear,
hear.) No ! Our ancestors when they fought, if they did not advance
as victors, surrendered upon the faith of an honourable capitulation ;
but that faith was violated, and its violation was justified by
calumny ! (Hear, hear, hear.) The Catholics were accused of
entertaining opinions which they have ever detested — of adopting
positions and principles which they have ever abhorred. Charges
were brought forward and repeated against them which could be
aptly contradicted only in the broad vulgarity of Lord Ellenborough's
language — ' Charges false as Hell !' Charges — the falsehood of
which was known to the very accusers themselves — were repeated,
until the credulous were convinced, and the weak yielded. From the
Press, the Stage, the Bar, the Bench, and the Pulpit, were opinions
charged upon the Catholics directly the reverse of what they enter-
tained, and articles of belief asserted to be theirs, which they always
rejected and abjured. Those who were violators of their own faith
with the Catholics in fact, accused the Catholics of being violators
of faith in theory ; and those men who persecuted the Catholics in
reality, accused their victims of being persecutors in imagination and
design ! (Hear, hear.)
" The accusation you feel and know to be utterly false, but it
was repeated until it was believed, and the Catholic suffered the
punishment, not of any crime of which he could, by any possibility,
DANIEL O'CONNELL, ESQ., M.P. 287
be proved guilty, but of offences fabricated in the malicious fancies
of enemies, and which were not only unfounded, but impossible.
They were impossible, because so utterly repugnant to human nature,
and contradicted by the stamp of his own divine image, which the
Deity had infixed upon the human soul. (Cheering.)
" Yet, it was by the assertion and re-assertion of those calumnies
— it was by attributing to us opinions which, if they existed, I should
be sorry a single Catholic remained in Ireland — I am quite sure I
should not be one. It was by those false and foul imputations that
we were degraded in public opinion, and then reduced to slavery,
and since continued in bondage.
" It was vain to protest against the untruths ; for near a century
they maintained their sway, and new generations sprung up before
the appeal of calumniated millions was heard, or their wrongs
investigated. (Hear, hear.)
" Falsehood having been so long successful, it suited well to the mis-
chievous and malignant activity of the management of the Richmond
administration to resort to its resourses. Accordingly, the most impure
and corrupt Press that ever disgraced any age was set at work, with
plenty of present pay and of future expectation, to traduce, to calum-
niate, and to vilify the Catholics collectively and individually. (Hear,)
Accordingly, all the ancient calumnies were revived, and every new
calumny brought forward that could be invented by a veiy malignant
disposition, but a very miserable intellect. The seven-times-sold
apostate from every principle was purchased and arrayed against us,
until all the force that malicious dulness could collect was brought
into action, and commanded by a general better versed in the quib-
bles of the law, than in the tactics of the field. It was in pursuance
of this government plan of imposition, that the ' Third part of the «
Statement of the Penal Laws' made its appearance — that it was
circulated in England as genuine, and given to the world as the
sentiments of men, who held its contents and its authors in equal
contempt !
" Perhaps, so scandalous and impudent an imposition never dis-
graced the annals of bigotry. But the fabricators — have they been
punished ? Oh, no ! Mr. Attorney- General has no terrors for men
who would divide and distract ; he prudently reserves all his ven-
geance for those who dare to preach harmony and conciliation, and
to call oppression and bigotry by their right names. "^
" Next in order followed this petition, the signatures to which are
the object of my present motion. It commenced in falsehood, it
288 MEMOIR AND SPEECHES OF
was conducted by fraud, and it was consummated by forgery. Yes,
its commencement was in falsehood, for it was alleged to have been
voted at a meeting of ' the freemen, freeholders, and inhabitants of
the city of Dublin.' This allegation was printed in several of
the Dublin newspapers for near three months, and to the assertion
was affixed the name ' Abraham Bradley King,' and yet a more un-
founded assertion was never made — an allegation more destitute of
truth never insulted the patience of public credulity, than that signed
and repeated for three months, under the signature of ' Abraham
Bradley King.' I need not ask, when this meeting was called, or
where, or by whom ? I need not remind you, that there was no
theatre sufficiently large to contain such a meeting, if it ever took
place ; nor need I revive the indignation which the miserable excuse
excited, that, really, the exhausted remnant of a supper table at the
Mayor's house, did vote itself, being full half a dozen in number, into
the freemen, freeholders, and inhabitants of the City of Dublin, and
then passed this petition ! And yet, in sober sadness, it must be
admitted that no better justification existed for the Lord Mayor's
assertion of a public meeting.
" I said that it was conducted by fraud ; for this fraud, we are
told by the uncontradicted report of the public papers, was resorted
to. The Mayor procured himself to be deputed — nobody knows by
whom — to take the petition to London. Arrived there, he presented,
we are told, the no-popery petition, as the authorized delegate of the
Corporation of Dublin. Yet, he had no such authority ; he was the
simple messenger of a simple party of obscure individuals who, as
this petition originated at a supper, sent him off from a dinner, after
which the Duke of Richmond ludicrously graced him with a troop
of horse to accompany his mock lordship thence to the pigeon-house.
His vei-y journey to London was a fraud, because it held out to the
English people the appearance of the first magistrate of a great city de-
spatched by the constituted authorities of that city on public business.
Under that pretence he presented himself in London, whilst it is
shrewdly whispered that he attended for the purpose of endeavouring
to traffic upon the importance of his official station, in order to get
the name of his son inserted into an appointment connected with his
lucrative employment. In short, the farce was just worthy of the
legal managers that are at the bottom of every work of bigotry and
persecution in L'eland, and of the inflated buffoon who was the
principal actor.
" The consummation of the petition was forgery, in the ordinary
DANIEL O'CONNELL, ESQ., M.P. 289
sense of the word, consisting of the affixing the names of indivi-
duals without their authority or consent ; forgery, equally, if not
more culpable, in writing hundreds of imaginary names, and
affixing them to this petition from a multitude. The Protestants of
Ireland petitioned last year on our behalf. The wealth, the worth,
the talent of the Irish Protestants — every thing that was noble, and
dignified, and intelligent, and independent, amongst our Protestant
brethren, united in that petition ; their names have been printed,
and it is with pride and with pleasure that we see those names con-
stitute a large book, whilst every name speaks a volume of mutual
affection and reciprocal charity. This is, indeed, a proud display
for Ireland ; this was all she wanted from man, that her children
should combine in conciliation and harmony. It would, really,
have afforded a curious incident in the history of human frailty,
if those who had come forward last year, under the banners of
liberality and justice, had been seduced this year to join the blood-
stained flag of Orange intolerance. (Hear, hear.) The experiment
had been made ; every thing that the wealth and power of the
state — that the ingenuity of the advocates, or the authority of the
judges — that the exertions of the writer, or the intrigues of the
courtier could supply, was brought into action, to seduce, to convince,
to intimidate, to control, to cajole, and to deceive the Irish Pro-
testants. But all these resources failed ; the drunken orgies and the
morning preaching intemperance of abuse, and the hypocritical
lamentations of pretended friendship were tried, and tried without
effect. The independent aud enlightened Protestants of Ireland
remained true to the liberality which they had professed, and re»
jected every attempt to bring them over to the ranks of our
opponents. (Hear, hear.)
" It was a matter, therefore, of much curiosity to discover who
the 2,800 ' freemen, freeholders, and inhabitants of Dublin' could
possibly be : public curiosity has been gratified — gratified by the
inspection of the names — gratified by the discovery that the dagger
is air-drawn and imaginary, by which it was sought to assassinate
Protestant character and Catholic liberty! (Hear, hear.) I have
seen an authentic copy of this formidable petition, and I rejoice
to be able to assure you, that it affords decisive evidence of the low
state of intolerance. I have read this list, and, after the most
minute inquiry, added to my own knowledge in this city, it does
appear to me that there are not twenty names to this petition
of persons of fortune and independence of mind, who signed ii
290 MEMOIR AND SPEECHES OF
from mere motives of conscientious bigotry. This class of persons
are certainly to be treated with the most respectful deference ; they
labour under a mistake, but they act from pure intentions, and
I respect whilst I pity them. They had an undoubted right to
petition against conceding, upon any terms, any thing to the papists ;
they had a clear right to pray the legislature to continue to be
indiscriminate in laying on the burdens of the state, but partial in
conferring its benefits. I admit their perfect right to sign this
petition, and I request it may be understood, that I am incapable of
applying any harsh expression to them, as I certainly also am
of feeling any resentment against them. But, undoubtedly, in the
number of twenty, I have given abundant room for the uninfluenced
signatures.
" I blush to tell you that this list contains three or four of
the Irish bar. (Hear, hear.) I am ashamed to say that there are so
many certainly as three — I fear four. The Irish people, long
accustomed to find in the Irish bar the friends of every freedom,
will hear it with astonishment, notwithstanding the acrimony, the
native and the imported acrimony, towards the Catholics, cherished
by the head of the law department. It will scarcely be believed
that our profession, proudly distinguished, as it formerly was,
for liberality and love of country, has so fallen as to afford even
three signatures to an anti-Catholic petition. I regret, from my
soul, the discovery. (Hear, hear.)
" The number of clergymen of the Established Church who signed
this petition is, I am happy to say, few ; nor, when we recollect what
excellent and accomplished gentlemen those clergymen in general
are, will it excite any surprise in the minds of the bigots of any sect,
that the number of their signatures should be few. Of attorneys,
there are, at least, eight or ten — I expected to find twice the number j
of placemen, there are many ; of pensioners, several ; many from the
offices of the castle ; many from the police offices ; several from the
custom-house : almost all the hired constables ; the judge, the re-
gistrar, and the proctors of the prerogative court, and as many of
the wretched watchmen of Dublin as are, or pretended to be, Pro-
testants ; there has been so much liberality exercised, as to admit
poor papists to the dignity of the nightly watch. (A laugh.) To
these are to be added the ' tag, rag, and bob-tail' of the corpora-
tion— numbers of those who hold its principal stations — all those who
hold its lower offices, and are appointed and removeable at pleasure.
Add to these, writing clerks, dependents, and a small, but hungry
DANIEL OCONNELL, ESQ., M.P. 291
group of expectants, and you have the entire catalogue of genuine
signatures.
" But there will remain near two thousand signatures to be still
accounted for — near two thousand signatures will remain, for whom
no owner can be found. (Hear, hear.) Of those there are some
hundreds which purport to belong to individuals who have indig-
nantly disclaimed them. There are, in short, some hundreds of
forgeries. (Hear, hear.) Need we give a more striking instance
than that of Mr. Stephens ? He discovered that his name had been
forged to this petition, and immediately wrote to the Mayor, to
inform him of the circumstance ; the Mayor did not condescend to
give any reply, but took the known forgery to England, and pre-
sented it to the House as genuine. (Hear, hear.) When forgery
was exhausted, mere fiction was resorted to. There was danger in
giving names which, being in common use, might be disavowed by
individuals bearing them. The fabricators of this petition set
disavowal at defiance ; they produced names which no man ever
bore or will bear — (Hear, hear) ; they invented John Hedpath,
and coupled him with John Ridpath — they attached James Ridpath
to James Ridpath ; they united the noble families of the Feddlies to
the illusti-ious race of Fiddlies ; they created the Jonneybones, and
added the M'Coobens to the Muldongs ; to the uncleanly Rottons is
annexed the musical name of Navasora — the Sours and the Soars —
the Dandys and the Feakens — the Gilbasleys and the Werrillas —
five Ladds and five Palks — the Leups and the Zealthams — the Huzies
and the Hozies — the Sparlings and the Sporlings — the Fitzgetts and
the Fibgetts — the Hoffins and the Phantons, and the Giritrows, and
the Hockleys and Breakleys, the Russinghams, and the Favuses, and
the Sellhews, and the Mogratts and Calyells — all, poor innocents,
are made to combine against us, and to chime with the Pithams and
Paddams — the Chimnicks, and Rimnicks, and Clumnicks, and the
Rowings and Riotters ; they threw in the vulgar Bawns, and after a
multitude of fantastic denominations, they concluded with Zachariah
Diamond. (Great laughter.)
" In short, a more tasteless group of imaginary beings was
never conjured up by the delusions of magic. To the tune of
' Johnny Armstrong,'. — they gave us five-and-twenty Armstrongs, and
placed eighteen Taylors on the list — it ought to have been ' four-
and-twenty tailors all in a row ;' there would have been some pleasantry
in it. In short, by these means, by the force of mere invention,
upwards of one thousand names have been added to this petition,
292 MEMOIR AND SPEECHES OF
and one thousand children of the brain of those worthy managers of
intolerance appeared in formidable array against us, at the bar of
the House of Commons, covered with the mantle of the Mayor for
swaddling clothes. (Laughter.)
" It is incumbent on us to bring these facts before the public and
the legislature ; we owe it to ourselves and to our children, to get
rid of an obstacle to our liberty and theirs ; we owe it to the
legislature to detect the imposition which has been practised upon
them ; and chietly it is due to the liberal Protestants of Ireland to
rescue the Protestant name from this additional imputation of
bigotry, which their enemies, no less than ours, would cast upon it.
(Hear, hear.)
" There is, too, another motive which, I confess, influences me
powerfully. The very men who have been guilty of those base
forgeries have, in a recent instance, foully tarnished the Irish
character ; an innocent person was accused — an innocent female was
accused — perjury the most foul — subornation the plainest and most
palpable, were used against her life, and, still more, against her
honour. We, Irish, often feel (it is part of the real character of
Irishmen) pity for the accused, it is said, even for the guilty ; but
accused innocence excites our warmest sympathies ; but when
female innocence stood accused, I thought for the honour of my
country. I thought that, without any poetical fiction, thousands of
Irish swords would start from their scabbards, and that the wretch
would be driven from society who checked our manly, our virtuous
indignation. But a set of beings, I will not call them men, have
been found, who, under the auspices of the persecuting Castle, the
pious and no-popery forgerers have been found to refuse the poor
and pitiful tribute of their approbation to exalted virtue and dignified
purity, escaped from calumny, from subornation of perjury. These
loyalists — these creatures who call themselves exclusively loyal,
because they are the ready sycophants of every tool of powei- —
(Hear, hear) — these exemplary loyalists, have refused to address
the niece and the daughter-in-law of their King — the wife of the
Regent — their future Queen — (Hear, hear) — the mother of their
future Sovereign, though the triumph which her imassisted innocence
obtained over the vilest conspiracy ever disclosed, powerfully de-
manded the expression of congratulation.
" And what excuse did they give for this refusal ? Why, they
scorned all mockeiy and delusion, and insisted that to address the
Princess was to insult the Prince ; and would the Prince feel insulted
DANIEL o'CONNELL, ESQ., M.P. 293
at such an address ? I should hope two things of him — first, that he
means, hereafter, to redeem the pledge he so often repeated to the
Irish Catholics (Hear, hear) ; and, secondly, that he does not feel
insulted when the triumph of the Princess over her perjured and her
suborned traducers is celebrated. (Hear, hear.)
" But who are the men who have refused to addi-ess her Royal
Highness ? Who are they who have no sense of justice — no abhor-
rence of calumny — no enthusiasm in defence of female innocence ?
They are our enemies ; they are the fabi-icators of every falsehood,
and of every forgery that could injure or impede our cause; they
are men who degrade the Irish name — the character of manhood.
(Hear.) We are bound by every consideration dear to men, and
sacred to Irishmen, to expose to the emijii'e those wretches — to show
them as they are — poor, paltiy, and profligate — the ready slaves of
every secretary — secretary's clerk. We are bound to show the
British empire that it was not the Irish — not the mercantile inha-
bitants of Dublin — but the dregs of the fabricators of its frauds and
its forgeries, that could refuse, under the pretext of not wishing to
displease the Prince, an address of congratulation to his once
persecuted, but now triumphant consort. (Hear, hear.)
" In short, I desire to succeed in my present motion, for this first
and principal reason, that the meanness of the open enemies of the
Princess amongst us, and of their titled and legal instigators and
prompters, may be put on record for ever. That wiU be done by
bringing the question of those forgeries and fictitious signatures
before the House of Commons. (Hear, hear.) To impose upon that
House is, I presume, a breach of its privileges. (Hear.) Let us
demand inquiry and investigation. Our assertion will be, that two-
thirds of the signatures to this petition were forged, or simply
fictitious ; but we will not require an assertion to be credited without
proof; we will challenge inquiry ; we will show five hundred names
without an owner (Hear) ; and we will then point out the fabricators
of this mean and dishonourable scheme to retard the progress of
Emancipation.
" If we are mistaken, our enemies can easily confute us ; they have
only to produce the individual. Mr. Riotter may head their party.
I should be glad to see the gentleman. If he does not live in the
city, this Riotter, I presume he is to be found in the liberties.
After him our enemies can show off Mr. Wevilla, hand in hand with
Mr. Navisora, and Johnny Bones, Esq., may appear with Fibgetts,
294 MEMOIR AND SPEECHES OF
gent., and even Mr. Knowing can be summoned to come forward in
company with Mr. Dandy. (Cheers and laughter.)
"But why should I fatigue you with the ridiculous catalogue. If
those men exist — pardon my supposition — if they exist, they live for
our enemies ; if they do not exist, then what is to become, in public
estimation, of those our enemies — of those worthy allies of the
traducers of her Royal Highness ? Perhaps their spirit of loyalty
may save them in parliament from punishment, but their fraud
and forgery will consign them to the execration and contempt of
posterity.
" Mr. O'Connell concluded, amid great cheering, by moving the
following resolution : —
" • Kesolved — That a sub- committee of twenty-one members be appointed to
take into consideration the most proper metliod of investigating, and respectfully
submitting to parliament, the alleged forged and fictitious signatures to the
petition against the Catholic claims, to the House of Commons, by the Lord
Mayor of Dublin.'
" Major Bryan seconded Mr. O'Connell's resolution, which was
agreed to unanimously.
" The following are the names of the gentlemen who compose the
committee : —
Mr. Finn, Mr. Cox,
Mr. H, E. Taafle, Mr. T. Dillon,
Mr. N. Mahon, Mr. Wade,
Mr. Lynch, Mr. R. O'Gormau,
Mr. P. O'Gorman, Mr. R. O'Brien,
Mr. Doyle, Dr. Dromgoole,
Mr. Eooney, Major G. Bryan,
Mr. Lyons, Mr. T. IQrwan,
Mr. Murphy, Mr. O'Connell,
Mr. Fitzsimon, Mr. Scully,
Mr. Costigan, Mr. Weldon.
Mr. Coyle,
' ' ' Resolved — That the committee be directed to request the aid of such of
our Protestant brethren as may be pleased to assist in accomplishing the object
of their report.' "
The Catholic meetings of this year, in the counties of Ireland,
renewed the expressions of contidence in Mr. O'Connell with
which he had been favoured in the preceding. Among several,
we copy the following :
DANIEL O'CONNELL, ESQ., M.P. 295
" COUNTY GALWAY MEETING.
"County Hall, Galway, Sunday, Aiiril .5, 18K?.
" Moved by Lord Ffrench, and carried by acclamation —
" ' That the thanks of this meeting are justly due, and are hereby given, to
Daniel O'Connell, Esq., for the luauly, great, and unceasing exertion of his
higli talent in the support of everything dear to Catholic character : as well as
for the use he loyally and honourably makes of every meaus to promote
Catholic Emancipation.' "
The question of the " securities," as they were called, with
which the pending bill for relief of the Catholic disabilities was
clogged, increased momentarily in interest during the month of
May. The strongest feeling against them had arisen in the
popular mind ; and the great anxiety was, to know what would
be the decision of the CathoUc Prelates, who were expected to
arrive in Dublin, for consultation, towards the end of the
month.
Meanwhile, symptoms of division began to appear among the
laymen at the Catholic Board. The nature of it will be best
conveved in the extracts we subjoin from speeches at a meeting
of the board on the 22nd of May.
"CATHOLIC BOARD,
" Stationers' Hall, Saturday, May 22.
'* Right Hon. Lord Trimleston in the chair,
"After a motion of Mr. O'Gorman's, declaring that the Catholics
put no belief in a calumny circulated against the Messrs. G uinness,
brewers, to the effect that they had signed the no-Popery petition of
the Dublin Corporation,
" Mi\ Bagot rose to move as follows : —
" 'That iu the proceedings which took place at the Catholic Board, upon
Saturday, the 1st of May, instant, no motion was entertained relative to the
Catholic ijill now pending in imrliament : nor was any resolution adopted that
could be interpreted to convey the sense of the board thereupon.' "
The meetino^ to which Mr. Baofot thus adverted was one con-
es o
ducted with closed doors — so far as the reporters of the public
press were concerned — " a wish having been expressed,"
according to the Dublin Evening/ Fast of May 4, " by some of
296 MEMOIR AND SPEECHES OF
the speakers, that (in the then stage of the bill) nothing should
emanate from the board that could possibly, by verbal in-
accuracy, be perverted by any adversary, or mistaken by a
friend."
The Evening Post, however, added : — " Without infringing
on the delicacy manifested by individual members, we feel
ourselves at liberty (and, indeed, bound by a public duty) to
disclose the substance of these proceedings."
And, accordingly, it gave a summary of the proceedings ;
which, as having been furnished by Mr. O'Connell, we here
insert :
" The ecclesiastical provisions of this bill, or proposed securities,
formed no part of the discussion — directly or indirectly. From this
branch of the subject, every member of the board scrupulously
abstained ; leaving it, where, it may be safely confided, in the hands
of the Catholic hierarchy.
"But, with respect to the civil enactments of the proposed bill —
those which profess to grant to the Catholic body a complete emanci-
pation, and to effect the declared purpose of parliament by a final
adjustment, and by burying all religious jealousies in oblivion — this
subject was treated with equal freedom and acuteness.
" First — It was observed, and with regi-et, that although the
Catholics have latterly petitioned the legislature for religious freedom,
upon the enlarged basis of justice and universal liberty of con-
science, praying relief equally for all classes of Dissenters as for
themselves, yet the proposed bill is narrowed in its principle to the
relief of the Catholics alone, which is the more to be regretted,
because the Dissenters, by their uniform liberality and recent aid
afforded to the Catholic petitions, had acquired weighty claims
upon the gratitude and co-operation of the Catholic body ; and it
was therefore desired to be understood, now, as heretofore, to be the
wish of the Catholics to have all other Dissenters comprehended in
the like relief with themselves.
" Second — But even though the framers of the bill should (contrary
to the wish of the Catholics) adopt the less-comprehensive principle,
yet the proposed bill does not go the length of complete religious
freedom, even for the Catholics themselves. It had long been under-
stood that (whenever the necessary ecclesiastical securities should be
devised) no difficulty could remain in the way of the complete civil
DANIEL O'CONNELL, ESQ., M.P. 297
emancipation of the Catholic body. There was to be a final adjust'
merit that should leave no grievance unredressed, no ground for
future petition. The account of oppression was to be finally closed
by a simple Repeal. So it has been all along expected, not merely
by the Catholics but by the Protestants. Even the loudest of the
opponents objected to relief, not so much because exclusion ought to
remain as because security was not provided ; so, too, in the preamble
of the bill under discussion.
" But here is ample security provided, and yet ample redress is
not provided.
" These ought to be co-extensive ; they are not so. The bill is
only for a partial Repeal. True, it restores much, but it leaves
much. This cannot be the intention of the liberal and enlightened
members of the committee ; but, pi'obably, is owing to some unskilful-
ness of the lawyers they have employed, probably not much
acquainted with the laws or interests of Ireland.
" Amendment in this particular should be provided, and defects
pointed out, if not now too late for interference.
" Third — The frame of the bill appeared objectionable. It pro-
fesses to relieve the Catholics from certain specified penal statutes ;
yet it does not, in the accustomed technical form, repeal those statutes
by express name or recital, but by general words, which may here-
after receive a harsh interpretation. Of this Dr. Duigenan's court
has afibrded an instance !
" Fourth — the language of the bill, too, appeared inadequate to
the intended objects. Of this inadequacy many instances were
adduced, and excited a general surprise amongst the members.
"Fifth — It was observed, that the oath contained in the proposed
bill contains (in addition to the entire of the present oaths) certain
new phrases, which have not been suflSciently considered by the
Catholics, or even offered or known by them.
" Sixth — That there is a blunder in more than one passage of the
bill, where it adverts to a declaration against transubstantiation ; and
also to a declaration against the invocation of saints ; whereas, in
fact, there is only one declaration.
" Seventh — That the clause relative to the elective franchise is
become now quite unnecessary for the Irish Catholics, and must
have been penned without acquaintance with the Election Code of
Ireland.
" Eighth — That the exception of the olHces of Chancellor of Eng-
298 MEMOIR AND SPEECHES OF
land, and Lord Lieutenant of Ireland (though but two in number),
appears to be founded upon a principle of exclusion, which the
Catholic body cannot, as good and deserving citizens, be expected
even to recognize.
" Ninth — That the enactment for admission into corporations keeps
the Catholics, practically, still excluded ; as it leaves them at the
mercy of present and future by-laws of exclusion ; omits the words
' charter or by law ;' employs only the vague and disputable term
' members of a corporation,' instead of the legal names of the corporate
officers ; provides no redress in case of refusal to admit freemen ;
and, finally, leaves the offices of directors of the Bank of Ireland, for
instance, still closed against Catholic wealth and probity.
<' Tenth — That, by continuing the exclusion from the universities,
and from even the lay-fellowships and offices therein, it denies to the
Catholic body all participation of the benefits of education to be
enjoyed in those highly-endowed establishments.
" Eleventh — That this same clause, by its operation, disables
Catholics from the higher offices of the law : as those of judges,
masters in chancery, &c.
" Twelfth — It leaves the Catholic peers of Ireland still incapable
of voting at the election of any representative peer of Ireland.
" This is another proof of unskilfulness in the framer of the bill; for
the committee could not have designedly continued this disability.
" Thirteenth — It leaves the Catholics still a prey to the pillage of
church rates, vestry cesses, &c., so grievously felt by the farmers,
cottiers, and peasantry of Ireland.
" It was thought needless to remark on the importance of this
omission.
" Fourteenth — It still subjects them to the long oaths imposed by
Dr. Duigenan's presentment in 1793. And no Catholic is to acquire,
enjoy, or transmit any freehold property ; to be a guardian, &c. ; or
scarcely to exist in civil life without publicly taking and subscribing
these oaths.
" This hardship, it was observed, was most galling, and personally
inconvenient in many instances.
" Fifteenth — Many other omissions, doubtful phrases, and imper-
fections were commented upon.
" It appeared to be the general sense of this enlightened meeting
that, however upright the views and estimable the characters of the
DANIEL O'CONNELL, ESQ., M.P. 299
members of the committee may be (and this was fully acknowledged),
they had produced a bill which was in its principle restricted, in its
frame unnecessarily doubtful, and in its provisions inadequate to that
full relief which has been expected by the public of all classes, and
was apparently intended by the parliament, and probably by the
committee itself.
" During this long and arduous discussion, of which we can, of
course, present but a faint outline, not one single sentiment of dis-
respect towards any individual of the committee who prepared this
bill, was offered to the board.
" On the contrary, their intentions were admitted to be as sincere
as their views were liberal, and there appeared to exist no doubt at
the board, but the imperfections of this bill would yet be removed if
any opportunity should remain.
" Under all these circumstances, the board felt the propriety of
nominating additional delegates, who should repair to London
directly, and attend to the progress of the bill.
*' Mr. O'Connell's motion for the immediate departure of the dele-
gates, previously appointed, having passed unanimously, that gentle-
man moved next —
' ' ' That the additional delegates should be —
Sir Edward Bellew,
Major Bryan,
Mr. Bagot,
Mr. Scully.'
" These gentlemen, with the addition of Mr. O'Connell, were, on
ballot, unanimously elected.
"MONDAY, MAY 3.
" We observed this day, and with deep regret, a striking instance
of the mischievous operation of the recent resolution (carried during
the recess), requiring that the number of thirty should be present
before the chair could be taken.
"The Earl of Fingal, Lord KiUeen, Sir Edward Bellew, and
several other gentlemen appeared in the rooms, at a little after two
o'clock. The secretary, Mr. Finn, attended, and produced a letter
received from Mr. Hay, accompanying a compared copy of the
Catholic bill. This important document excited general attention
300 MEMOIR AND SPEECHES OF
aud interest; yet no business could be done — no chair could be taken,
because only twenty-eight members could be counted ! !
" At length, by sending expressly for two mercantile gentlemen
from 'Change, the magical number was procured, but not until a
quarter past four o'clock !
"At this hour the Earl of Fingal was called to the chair.
" The bill was read distinctly, and appeared to correspond with the
detail already given. Many of the former observations were repeated
and corroborated.
" It appeared to be the general wish and understanding of the
board, that Messrs. Scully and O'Connell should professionally take
the bill into their consideration, and report their opinions upon it.
However, no formal resolution to this etfect was proposed, on account
of the standing order, which required a week's notice of every
motion.
" Other motions proposed were met by the same impediment ; but
it is probable that some effective proceedings will take place at the
adjourned meeting next Saturday.
" At the present crisis, the Catholic Board and its proceedings
must fix every eye, and command the earnest and primary attention
of the Irish people."
Such was the publication which excited Mr. Bagot to make
the motion he did, at the meeting of the 22nd May, and he was
not without many supporters amongst those who either did not
really understand the delusive and insulting nature of the
bill, or who, for private motives, were not unwilling that it
should pass " with all its imperfections on its head."
Mr. Bagot contended, that though opinions had certainly
been expressed on the bill, during the meeting alluded to in his
resolution — viz., that of the 1st of May, yet that no express
declaration of the sentiments of the board on the subject had
been there come to.
Mr. Scully agreed that this was the case so far as that no
formally-worded motion had passed in condemnation of the bill,
but argued that the weight of opinion against it had been
evidenced ; and that the motions which passed unanimously on
the day mentioned, for the immediate departure, to London, of
the delegates previously appointed, and for an addition of live
DANIEL O'CONNELL, ESQ., M.P. 301
to their numbers, did so pass, because of the condemnation of
the bill by the board ; and were, therefore, to be considered,
and had been considered, as decisive proofs of that condemna-
tion.
Mr. Byrne having expressed some approval of Mr. Bagot's
motion, and Dr. Sheridan having spoken to the contrary
effect —
" Mr. O'Connell rose and said, he hoped the object of the present
motion would be distinctly understood and fairly canvassed. For his
own part, he was resolved not to leave any doubt respecting his
view of the subject, or the grounds of his opposition.
" It had been called by Mr. Byrne ' a motion of conciliation and
harmony.' It struck him to be a motion of censure and dissension.
It ran in these words :
" ' That on Saturday, the 1st of May last, no motion was entertained by the
board, relative to the Catholic bill, nor any resolution adopted.'
" With respect to the first part of this motion, it contains an assertion
which I most distinctly deny. The Catholic board did entertain a
motion on that day, relative to the Catholic bill. I myself made
a motion that day relative to the Catholic bill, and it was discussed
at great length. I moved for an additional delegation to attend
to the progress of the Catholic bill through the House — ^to suggest to
our parliamentary friends omissions in the principle of the bill —
alterations in the frame of the bill — additions in the detail of the
bill. This, my motion, which related to the Catholic bill, and to
nothing else, was supported by me on the grounds of the manifest
and manifold imperfections and deficiencies in this bill ; that motion
was entertained and was acceded to upon the very Saturday, the
1st of May, 181.^, on which the board is now called upon to declare
that no such motion was entertained. (Hear, hear.)
" And why is this plain and direct departure from the fact
pressed upon us ? Because, indeed, one of our newspapers, the
Dublin Evening Post, has given offence, it seems, to the de-
licacy of some of our members. And it is sought thus to impute
falsehood to its report of the proceedings of that day. But that
paper is too valuable — too precious to the Irish people, whose
champion and whose protector from oppression it has ever been,
to be abandoned to any censure however undeserved. (Hear, hear.)
302 MEMOIR AND SPEECHES OF
" No, my lord, we will never forget — ^the independent Catholics
of Ireland will never forget, that if money could purchase or autho-
rity influence, or power intimidate the proprietor of that paper,
he would long since have joined the vile slaves of the vile press of
our vile oppressors. (Cheers.) But it is not out of gratitude to him
that I demand the rejection of the present motion ; it is simply from
an adherence to plain matter of fact, that it will, and I venture
to say, must be rejected. (Hear, hear.)
" It will be rejected, because the mover laboured under an entire
misapprehension of the fact, when he drew it up. It will be rejected,
because it implies an unfounded and unmerited censure on the report
published by the Dublin Evening Post. The motion implies the
inaccuracy of that report. I assert its perfect accuracy. I pledge
myself to the Catholic board and to the people of Ireland, for
its entire, perfect, and indisputable accuracy. (Loud cries of hear,
hear.) That report purported to give a summary of the objections
made on the day in question, Saturday, the 1st of May, to the
Catholic bill. It did not include one expression in that summary,
but what had distinctly fallen either from me, or had been much
better expressed by my friend Mr. Scully. We had seen the
draft of the bill that morning. Our professional pursuits and
habits gave to us, of course, a greater facility than others pos-
sessed, to form a judgment of it; and we felt it our duty to
express to the Catholic board those objections, which the Dublin
Evening Post has since given to the public.
" I do, therefore, avow, and take upon myself the entire responsibility
of that summary of objections to the Catholic bill. I appeal to all
those who were present on that day, to confirm my statement ; and
I commit my most solemn pledge of veracity to those who were
absent, for the truth of the report which this motion seeks — covertly
seeks to censure.
*' [Here Mr. Bagot interrupted Mr. O'Connell, by declaring that
he did not intend ' any censure, nor a contradiction of that report.'
That his object was merely ' to have it understood in England
that no resolution had been as yet adopted by the Catholic board
respecting this bill.']
" Mr. O'Connell resumed by expressing his satisfaction at the
explanation that no censui'e had been intended.
" My object (continued he) is no other at present, than to re-
sist that of the motion which is contradictory of the fact; and it seems
to impute falsehood to a report warranted by the plainest truth,
DANIEL O'CONNELL, ESQ., M.P. 303
and now declared unimpeachable by the respected gentleman himself.
Let the motion be so shaped as to correspond with his disclaimer of
censure and contradiction. I am sure the gentleman is entirely inca-
pable of any the slightest approach to a deviation from the strict
truth ; and I was convinced that he would be the first to abandon
any proposition which could, by any possibility, imply a contradiction
of that which really did occur. If his motion can be shown to have
been rendered necessary by the existence, or by the reported
existence of any heats or animosities, it should have my decided
support. But were it to be taken, as intended, to be a means of
impugning the opinions of those individuals, whose affections for
their country and their cause had prompted them to express their
opinions freely upon the new bill, or Avhat has, I am glad to say,
been denied, a means of impugning the newspaper report, and
obtaining a petty triumph over a newspaper writer, it should have my
most decided opposition. I am ready, if he choose, to accede to a
motion shaped according to what was fair and open. Although
I do not see the necessity for any such motion, yet if the respected
gentleman, who has raised this discussion, will leave out all mention of
Saturday, the 1st of May, and confine himself to something expressing
simply this —
*' ' That the board has not hitherto come to any resolution, declaratory of its
sentiments on the Catholic bill,'
" I will have no objection to second him. If he shall not think fit
to adopt my suggestion, I will move it as an amendment. He says,
a motion of this tendency may be useful. Not seeing its utility,
I am, however, ready to concede to his judgment ; and although I
never heard it asserted, neither have I seen it alleged by any news-
paper that such resolution was adopted, yet as my motion will
contain a plain truism, and precisely square with the objects which
the gentleman has so distinctly avowed, I do expect that the re-
spected gentleman will substitute it for his own.
" Mr. Bagot again rose and declared, that he was ready to adopt
Mr. O'Connell's amendment. He then withdrew his original
motion, and moved that suggested by Mr. O'Connell.
" Mr. N. Mahon said, he thought the amended motion was
equally objectionable with the original, because it would be con-
sidered as implying an approbation of the bill in its present shape.
" Mr. O'Connell said he rose to second the motion, as amended by
Mr. Bagot, and he would not have added a single word, but for
304 MEMOIR AND SPEECHES OF
what had fallen from Mr. Mahon. It really surprised him that the
accurate mind of Mi-. Mahon could be misled for one moment on the
subject. This motion implies an approbation of the bill — of the entire
bill — in the present shape ! I can assure my friend, Mr. Mahon, there
is not a man living would be so far from agreeing to any motion,
implying such approbation, as I should ; I must be guilty of a foul
dereliction of the duty I owe to my country, if I approved of it. I
do approve of the spirit of conciliation which the introduction of this
bill has evinced ; I do approve of the motives and of the exertions
of its supporters ; but I disapprove of the narrowness of principle on
which the bill was framed, and the scantiness of real i*elief which it
will bestow. The objections which I stated to it, on the 1st of May,
do, most of them, still continue in my mind, and the principal and
leading objections are confirmed, and put beyond any doubt, by
my subsequent consideration and examination.
" I have read the opinions of our venerated advocate, Grattan,
upon those objections. The newspapers have told us his opinions,
and I regret to be obliged to say, they are unfortunately unfounded ;
I see that he has been deceived; not being a practical lawyer, it was
easy, in this respect, to impose upon him ; and I also see the precise
process of that deception on his mind. Instead, therefore, of support-
ing any resolution approbatory of the frame of the bill, I came here
this day, prepared with the chapter and section of the various
Statutes, which will prevent the desired and the proposed operation
of the present bill, when it shall have passed into a law. As Mr.
Lawlor's motion has been discharged this day, I will, on Saturday
next, submit them to the board, in order that you may consider the
propriety of communicating them, through our delegates in London,
to our friends in parliament.
" This motion, my lord, does not contain anything like an appro-
bation of the frame of the bill. I told you, that I myself do not
approve of that frame as it relates to our civil liberties, much less
could I give it my approbation, as it relates to the patronage of our
church. Upon this subject I have only to say, that the more I
consider of it the less am I satisfied. But I would not further press
the subject, than to say, that before we meet again, the Catholic
prelates of Ireland will have decided this matter. Should they
decide against the proposed commission, they shall have my most
hearty support ; should they decide in its favour, I stiU reserve to
myself, on every fit occasion, the right to pi'otest against any measure
that may tarnish this last relic of national independence — this last
DANIEL O'CONNELL, ESQ., M.l'. 305
fragment of the ancient pride and greatness of imperial Ireland — the
independence of her church and of her people. (Much cheering.)
I shall reserve to myself the right, not as a Catholic, nor with any-
sectarian reasoning, but as an Irishman, and a freeman, and a lover
of liberty, to impugn any arrangement which may increase the
already enormous intluence of the Crown, by giving in the additional
power and authority which it must derive from an influenced
clergy. (Cheers.)
" How, then, can my friend, Mr. MfAon, than whom I know not a
more honest or moi'e zealous Irishman, how can he impute to me
an intention to express approbation of the present bill, in its present
frame?. I only conjure the meeting not to attribute any such
intention to me, and I place my present support of Mr. Bagot's
motion upon those two grounds — first, that in this shape, it neither
contradicts nor impugns the proceedings which took place on the
first of May, in the board, nor any report of those proceedings (Hear,
hear) ; and, secondly, that it does not imply any approbation of the
present frame of the Catholic bill, whilst it does assert the neutrality,
not of our discussions, but of our resolutions on the subject. (Hear,
hear.)"
On Mr. Bagot's motion, as amended by Mr. O'Connell, a
further amendment was moved — viz., to adjourn. That being
lost on a division of 35 to 24, Mr. Bagot's amendment was
carried.
The next business of the meeting was a report brought up
by Blr. O'Connell.
" Mr. O'Connell said that it was a duty with which he had been
honoured, to report from tlie Law Conmiittee. It would be recol-
lected that, at that period of the Richmond administration in Ireland,
it was resolved, to impede the Catholics in their undoubted right
to petition parliament, the last unarmed refuge of the oppressed.
(Hear, hear.) At that period when, in order to continue the degra-
dation of the Catholic, the Protestant was told gravely . and from
authority, that pretence meant purpose — at that period, when the
administration commenced its state prosecution, under the pretence
of punishing a violation of law, but for the vile purpose of gratifying
the malignant rancour of transplanted and hereditary bigotry — at
that peiiod of the arrest of the delegates, it was felt that their defence
became not an individual, but a national concei'ii ; and the Law
X
306 MEMOIR AND SPEECHES OF
Committee was framed to superintend, and manage, and defray the
expenses of that defence.
" In now reporting from that committee, he was directed to state
that they had approved and sanctioned the actions against the Chief
Justice. One of these actions, that at the suit of Mr. Tuaffe, had been
argued upon a plea that asserted the right of the defendant, as Chief
Justice, to arrest any individual at his (japrice. This plea had been
held a good defence by three judges against one. But that one, the
ever incorruptible Fletcher, had pronounced a j udgnient against the plea,
which, for depth of legal research and constitutional knowledge, for
strength and splendour of argument and eloquence, had seldom been
equalled — never ! ad been excelled. (Hear, hear.) Supported by
his honest and able judgment, and by the strong conviction that the
assertion of the arbitrary power alleged by the defendant, was as
inconsistent with the first principles of the constitution, as it plainly
was with every notion of individual liberty or safety — the plaintiff
was advised to bring, and he has accordingly brought his writ of
error, and the record has been removed to the court of Exchequer
Chamber, in which the twelve judges preside.
" In this stage of the proceedings a new era has commenced ; par-
liament, so long deaf to our complaints, has proclaimed a disposition
to conciliation and harmony. The right of the Catholics to equal
liberty has been recognised — their claim to freedom of conscience has
been allowed. It stands confesvsed that they ought not any longer
to remain an inferior or a degraded people — that they ought not to
be treated as aliens and strangers in this their native land. Under
these impressions a bill has been brought in, questionable, certainly,
as to the extent of its relief, but leaving no doubt as to the purity of
the motives and intentions of its supporters. This bill holds out the
olive branch, and we ought to accept of it in the very spirit of con-
ciliation and gratitude. (Hear.) Nay, our gratitude ought not to
be merely commensurate with the measure of the intended relief. It
should exceed even the hopes of our friends, and manifest itself in all
our conduct. In this view of the subject, and with this spirit, I am
directed to report to you the unanimous opinion of the Law Com-
mittee, that the actions against the Chief Justice should be discon-
tinued— that we should concede to the offer of friendship, that
which no exertion of power could extort from us, and give the first
proof of our anxious wish to bury every irritating recollection, and
every past injury, in an eternal oblivion. (Hear, hear.)
" There were two objections started to the proposed measure — the
DANIEL O'CONNELL, ESQ., M.l>. 307
one was oi' a public, the other of a personal nature ; the reason which
affected the public was, that we owed it to the country not to
acquiesce in a doctrine and a decision which went to establish an
arbitrary power in the Chief Justipe ; and that this decision would
stand as a bad precedent upon which future chief justices might
oppress with impunity ; therefore, it was suggested, we ought to
have tried every court of appeal before we abandoned so important a
discussion.
" The weight of this reason was certainly felt, and felt strongly ;
but as it was, at the same time, felt_^that the motives which induced
an acquiescence in this decision would go down to posterity with the
decision itself, and what was still better, that it would be accompanied
with all those arguments of law and reason with which it had been
combatted by one of the purest men and of the ablest lawyers that ever
oi'iiamented the bench, ]Mr. Justice Fletcher. When it was consi-
dered that any mischief to public liberty, which may be apprehended
from this judgment, would be thus powerfully counteracted, it was
our ultimate opinion, that the possibility of such mischief ought not to
prevent our making this sacrifice to the infant genius of harmony and
conciliation.
" The personal argument against abandoning these actions be-
longed to the defendant himself; the extraordinary character for
piety and sanctimony of life, which his flatterers and parasites have
attempted to confer on him, did certainly give to his volunteering his
services, in the arrest of the delegates, a weight and importance which
the act of the ordinary police justices would not have had. For this
extra judicial interference much resentment was, of course, retained ;
and I do most entirely agree with those who observed upon the
extreme indelicacy of any judge declaring an opinion as a magistrate,
and taking a part, out of court, in that which was afterwards to be
brought before him for his deliberate and judicial opinion. Yet such
was the conduct of Mr. Downes upon our gi-eat question ; and, as
far as relates to him personally and individually, there certainly is
nothing in the tenor of his conduct, as a public man, that could
justify or require our making any concession to him. As an indivi-
dual, his country owes him nothing — the Catholics owe him still
less. Amongst his dearest friends, in private life, are our bitterest
enemies. All these powerful motives, and many more which, at any
other period, I would readily recapitulate, but which I now gladly
omit, urged and [)ressed the continuation of these actions, liut the
Law Committee felt that Mr. Downes lilled the hi^h oliice of Lord
308 MEMOIR AND SPEECHES OF
Chief Justice of Ireland — that to his high station great reverence was
due that the Bench woukl soon cease to be respectable unless it was
respected ; and, after all, that it suited the dignity of the Catholic
people of Ireland to forgive and to forget the act of the individual,
and in regard for his great function, to abandon every pursuit
inconsistent Avith its ease and tranquillity. We do, therefore, in the
anxious desire to commence an era of mutual forgiveness and for-
beai'ance — in the sincere wish of seeing every angry passion yield to
the conciliating temper of the time — in the hope of aifoi'ding an
example fo be imitated — in the affectionate solicitude to terminate,
on our pai't, all cause of dissension, all excitement to animosity — in
the determination to join and to precede in conciliation and in the
oblivion of injuries, and in the spirit of peace and harmony, we do
recommend, that the actions against the Chief Justice be discontinued
and terminated for ever. (Hear, hear.)
" Mr. O'Connell concluded by moving, ' that under tlie existing
circumstances of public aftairs, it be recommended to the plaintiffs, in
the actions against the Chief Justice, to discontinue the same forth-
with.'
" Mr. N. Mahou seconded the motion, and it was carried without
a dissentient voice."
Of course this generous act on the part of the Catholics —
this evidence of tlieir anxious desire to conciliate — to forget
grievous offences against their country and themselves, the first
moment that a gleam of hope was given to them, met with as
bad a return, and was mocked at with as much of vulgar glee,
by the ascendancy faction, as was the case with many and many
a similar demonstration on their part before, and has been many
and many a time since.
" In your patience you shall possess your souls," says the
Divine authority.
" In your patience you shall possess your country," would
seem to be, in the minds of the Catholics of Ireland, the applica-
tion of that divine saying.
Never men of any other clime or creed have shown such
patience — patience wondrous, were it not Christian I Never
men have so borne or forborne foul and cruel insult and wrong,
checking the strongest impulses that can excite men, control-
ling the fiercest passions tliat can impel the human energies,
DANIEL O'CONNELL, ESQ., M.P. 309
willing always to be conciliated, willing always to forget the
past, hoping on, hoping ever, hut not doomed ever to hope in
' vain^ for that most beatific interposition of Providence that
shall bring Irish hearts together, and unite all in one common
thought, and in one common noble effort for the regeneration
of their common country.
No where but in Ireland has this grand national virtue of
Fortitude been so eminently shown ; and little is risked in
asserting, that no other people of the present time would be
capable of displaying it in anything like the same degree.
The English could not. Were there no other differences,
their besetting sin of pride would incapacitate them for receiv-
ing with meekness, the stern yet saving lessons of adversity.
The blood-instincts of the tiger have been too much awakened
in French and Spanish breasts, by the events of the last half
century, to allow a hope that they shall, for a long time yet,
be found willing to adopt and follow out the peaceful, stainless,
crimeless course by which the Irish are seeking a relief from
oppressions, and an enlargement and secure establishment of
popular liberties.
The mud and mire of infidelity have quelled and damped down
into fetid smoke well nigh all that there was of Promethean
fire in the hearts of the dreaming Germans ; and their political
redemption, whenever it may come, shall not have been earned
by the display of any of the nobler and higher qualities of the
soul.
Of the Russians we need not speak. Of the poor Poles much
might be said, but it wrings the heart to speak of them. Of the
Austrians, so far as distinguishable from the German, it is hard
to speak ; for the nature of their government has so repressed
all exhibition of opinion and temperament, that one scarce know^
whether they are in fat contentment in their childlike thraldom,
or are patiently bearing with grievances and deprivations of
rights until it may be lawful and practicable without crime to put
an end to them.
In America, the continuance and fostering of negro slavery,
the repudiation of just debts, the Texas robbery, the extermina-
tions being carried out against the Indians, the Lynchings, the
mobbings, sacking of convents, burning of churches, and other
310 MEMOIR AND SPEECHES OF
such sad facts, have left such blots on the national character, that
men are jjettino' incredulous as to whether there can be aujjht of
good behind.
Bright may be — bright, in all human probability will be — the
history of our beloved country after she shall have attained her
rights.
But no destiny that is yet before her, howsoever brilliant and
exalted, can ever shed such pure and glorious radiance on the
name of Irishmen, as their unflinching, indomitable, most
Christian patience and fortitude in adversity and under perse-
cution !
In order that the reader may have the opportunity of judging
for himself of the nature of the bill for Catholic relief that was
now under discussion, we subjoin a brief summary of its general
provisions, and a more particular statement of the obnoxious
clauses.
After a wordy preamble, declaring the inviolability of the
Protestant succession and the Protestant Church Establishment,
and professing great good will towards the Catholics, the
measure proposed
To admit the latter to seats in parliament, on taking an oath
similar to that at the present time actually taken by Catholic
M.P.'s, with the insulting addition of express renunciations of
the anti-loyal and anti-social doctrines calumniously imputed to
persons of that communion.
To admit to all offices and situations, civil and military (on
taking the same insulting oath), except to those of Lord High
Chancellor, Lord Keeper, or Commissioner of the Great Seal
of Great Britain, Lord Lieutenant, Lord Deputy, or other chief
governor or governors of Ireland.
OflSces in municipal corporations also opened.
The next clause ran thus : —
•' And be it further enacted, that every person now exercising, or
who shall hereafter exercise any of the spiritual duties or functions
usually exercised by persons in Holy Orders professing the Roman
Catholic religion, shall within six calendar months from the passing
of this act, or within one calendar month after entering into Holy
Orders, and before he shall exercise any of the spiritual duties or
DANIEL O'CONNELL, ESQ., M.P. 311
functions aforesaid, take, make, and subscribe the oath and declara-
tion in this act contained, and also the oath following.
" ' I A. B. do swear, that I will never concur in, or consent to ap-
pointment or consecration of any Roman Catholic Bishop, or Dean,
or Vicar Apostolic in the United Kingdom, but such as I shall con-
scientiously deem to be of unimpeachable loyalty and peaceable con-
duct ; and I do swear, that I have not, and will not have any corre-
spondence or communication with the Pope or See of Rome, or with
any court or tribunal established, or to be established by the Pope or
See of Rome, or by the authority of the same, or with any person or
persons authorized or pretending to be authorized by the Pope or See
of Rome, tending directly or indirectly to overthrow or disturb the
Protestant Government, or the Protestant Church of Great Britain
and Ireland, or the Church of Scotland, as by law established ; and
that I will not correspond or communicate with the Pope or See of
Rome, or with any tribunal established or to be established by the
Pope or See of Rome, or by the authority of the same, or with any
person or persons authorized or pretending to be authorized by the
Pope or See of Rome, or with any other foreign or ecclesiastical
authority, on any matter or thing not purely spiritual or ecclesiasti-
cal.' "
This was followed by provisions as to the manner of takirij^
the oath aforesaid ; and then, after clauses requiring that no
foreigner should " be capable of exercising any Episcopal duties
or functions, or the duties and functions of a Dean," and enact-
ing the punishment of banishment against any foreigner assuming
these duties and functions : and the same punishment against
any native born subject, who should assume them without having
been previously resident within the United Kingdom, during
" five years next })receding his first exercising them," came the
following gross insult:
" And whereas it is tit and expedient that such further precautions
should be taken, in respect to persons in Holy Orders professing the
Roman Catholic religion, who may at any time hereafter be elected,
nominated or appointed to the exercise or discharge of Episcopal du-
ties or functions, or of the duties or functions of a Dean, within the
United Kingdom, as that no such person shall at any time here-
after assume the exercise or discharge of such Episcopal duties or
312 MEMOIR AND SPEECHES OF
functions of a Dean, within the United Kingdom, as that no such
person shall at any time hereafter assume the exercise or discharge
of such Episcopal duties or functions or any part thereof, whose
loyalty and peaceable conduct shall not have been previously ascer-
tained to the satisfaction of his Majesty, his heirs and successors ; and
whereas it is reasonable and necessary that his Majesty, his heirs
and successors, should be fully informed of the extent and nature of
any intercourse which may take place between the subjects of this
realm and any foreign power, in order to prevent any evils or dangers
to the state which might arise therefrom : And whei'cas the laws
made in former times against intercourse between the subjects of this
realm and the See of Rome are of extreme and undistinguishing
rigour and severity : Be it thei'cfore enacted, that it shall and may be
lawful for his Majesty, his heirs and successors, by two several com-
missions, to be issued under the great seal of Ireland respectively, to
nominate and appoint in Great Britain such person or persons, in
Holy Orders, professing the Roman Catholic religion, and exercising
Episcopal duties or functions with Great Britain, and such lay peers
professing the Roman Catholic religion (such commoners being
respectively possessed of freehold estates in land in Ii-eland of not less
than £1,000 a-year, or of £20,000 in personal property), and such
members of his Majesty's most honourable Privy Council in Ireland
(whereof one of his Majesty's pi'incipal secretaries of state for the
time being shall be one), as his Majesty, his heirs and successors, shall
from time to time think fit ; and to nominate and appoint in Ireland
such pej'sons in Holy Orders, professing the Roman Catholic religion,
and exercising Episcopal duties or functions in Ireland, and such lay
peers, professing the Roman Catholic religion (such commoners being
respectively possessed of freehold estates in land in Ireland of not less
than £1,000 a-year or of £20,000 in personal property), and such
members of his Majesty's most honourable Privy Council in Ireland
(whereof the Chief Secretary of the Lord Lieutenant, or Lord Deputy,
or other chief governor or governors of Ireland for the time being shall
be one), as his Majesty, his heirs and successors, or the Lord Lieu-
tenant, Lord Deputy, or other chief governor or governors of Ireland
shall from time to time think fit, to be commissionei's under this act,
in Great Britain and Ireland respectively, for the purposes herein-
after mentioned.
" Provided always, and be it further enacted, that in Great Britain
one member of such board shall be either his Majesty^s said principal
Secretary of State, or one other member of his Majesty's most honour-
DANIEL O'CONNELL, ESQ., M.P. 313
able Privy Council, being a Protestant ; and one other member of said
board shall be one of the Ecclesiastical Roman Catholic commis-
sioners aforesaid ; and that one other member of such board shall be
one of the lay Roman Catholic commissioners aforesaid : And that
in Ireland one member of such board shall be either the Chief Secre-
tary of the said Lord Lieutenant, Lord Deputy, or other chief
governor or governors of Ireland, or one other member of his Majesty's
most honourable Privy Council in Ireland, being a Protestant, and
that one other member of the said board shall be one of the Eccle-
siastical Roman Catholic commissioners aforesaid ; and that one
other member of such board shall be one of the lay Roman Catholic
commissioners aforesaid.
" And be it further enacted, that, in Great Britain, his Majesty's
said principal Secretary of State, or, in his absence, the commissioners
first named in the said commission for Great Britain ; and in Ireland,
the said Chief Secretary to the Lord Lieutenant, Lord Deputy, or
other chief governor or governors of Ireland, or, in his absence, the
commissioner first named in the commission for Ireland, shall be the
presidents of the said boards respectively.
" And be it further enacted, that it shall and may be lawful for
his Majesty, his heirs and successors, from time to time, at his and their
will and pleasure, to revoke and determine the commissions aforesaid,
or either of them, and to cause a new commission or commissions to
be sealed as aforesaid, appointing any other person or persons to be
commi ssioners and members of the said board."
It would seem that the concocters of the Bequests and Col-
leges' Acts of 1844-45 borrowed a leaf from the insulting bill of
1813, with regard to the power of the Crown over commissioners
of Catholic affairs.
The monstrous attempt was happily frustrated in 1813. Let
us trust that it will be equally frustrated in 1846. That liberty
in matters having reference to religion, for which the Catholics
of Ireland have so long suffered and struggled, ought not to be
lightly imperilled merely because English governments, hitherto
hostile, have found themselves compelled, by the noble attitude
of the Irish people, to put on the semblance, and only the bare
semblance, of conciliatory dispositions.
Provisions for taking the oaths of office, making of by-laws,
receipt of salaries, &c., succeeded ; and, after them, another of
the grosser insults of the bill : —
314 MEMOIR AND SPEECHES OF
** And be it further enacted, that, from and after the passing of this
act, no person, in holy orders, professing the Roman Catholic reliofion
(other than such as are already in the exercise of Episcopal duties or
functions of a Dean, within the United Kingdom) shall assume the
exercise of Episcopal duties or functions of a Dean within the United
Kingdom, or any part thereof, unless the name of such person shall
previously have been notified, in writing, to the President of the
Board of Commissioners, by this act appointed, in Great Britain or
Ireland (as the case may be), and until the said person shall have
received the signification of his Majesty's approbation, or of the
approbation of the Lord Lieutenant, Lord Deputy, or other chief
governor or governors of Ireland, in manner hereinafter-mentioned.
" And be it further enacted, that the President of the said Board
of Commissioners, in Gi-eat Britain or Ireland (as the case may be),
shall, so soon as the name of such person, as aforesaid, shall have been
so notified to him, as aforesaid, forthwith lay the same befoi-e the said
Board of Commissioners ; and that the said Board of Commissioners
shall, within six weeks after such name shall have been so laid before
them, report to his Majesty, or to the Lord Lieutenant, or Lord
Deputy, or other chief governor or governors of Ireland (as the case
may be), in writing, under their hands and seals, ' whether they know
or believe any thing which tends to impeach the loyalty or peaceable
conduct of the person whose name shall have been so laid before
them ; and that upon such report, it shall and may be lawful for his
Majesty, or for the Lord Lieutenant, Lord Deputy, or other chief
governor or governors of Ireland (as the case may be), by and with
the advice of the said commissioners, to approve or disapprove of the
said person ; and that his Majesty's approbation or disapprobation, or
the approbation or disapprobation of the Loi'd Lieutenant, Lord
Deputy, or other chief governor or governors of Ireland, as aforesaid,
shall be signified to the said person, if in Great Britain, by an instru-
ment under the hand and seal of one of his Majesty's principal
secretaries of state, and if in Ireland by an instrument under
the hand and seal of the said Lord Lieutenant, Lord Deputy, or
other, the chief governor or governors of Ireland, or of his or
their chief secretary, within ten days after such report, as afore-
said, shall have been so submitted to his Majesty or to the Lord
Lieutenant, Lord Deputy, or other chief governor or governors of
Ireland ; and that such instruments respectively shall, in all such
cases, set forth, ' that the said royal approbation or disapprobation (or
the said approbation or disapprobation of the Lord Lieutenant, Lord
DANIEL O'CONNELL, ESQ., M.P. 315
Deputy, or other chief governor or governors of Ireland) has been
given upon the report, and by and with the advice of the said Board
of Commissioners,' in Great Britain or Ireland (as the case may be)."
Banishment was again prescribed as the penalty against any
one assuming " duties and functions " before complying with the
provisions just given.
Bulls from the Pope, dispensations or other documents from him
or any other "foreign person or body whatsoever," were, within
ten days after receipt, to be handed over to the commissioners
appointed under the act, in order that their high mightinesses
should decide whether there were any Gunpowder Plot in them
against " the Protestant succession and Protestant government,
and Protestant religion, as by law (and, as Cobbett used to
add, ' by British bayonets ') established ! ! !"
Such was as briefly as it can be given the sum of this precious
bill, for which the Irish Catholic nation was expected to be
humbly and devotedly grateful !
Perhaps so precious a specimen of arrogant, tyrannous, vulgar
insolence and assumption, was never before and scarcely ever
since put forward under such unblushingly false pretences.
And yet this was one of the products of that admirable
English wisdom, good feeling, and liberality which we are told
we have so abundantly experienced since the loss of our own
parliament — a parliament restricted, indeed, and exclusive ; but
yet a parliament that in less than twenty years, up to 1793,
passed no less than four measures of real and generous relief to
their Catholic fellow-countrymen: while the English parliament,
after mocking the latter with several such illusory and insulting
propositions as that we have been describing, delayed for twenty-
nine long years their measure of concession, and then passed
it with insult, and only through fear of a civil war !
What deep debts of gratitude do we not owe to England's
legislative generosity ! One scant measure of justice wrung
from her after twenty-nine years of insulting denial ; more
insulting mockery of relief-bills claiming securities against our
treason ; and abundant profusion of Insurrection and Coercion
acts and measures of injury and restriction !
316 MKMOIR AND SPEECHES OF
Has the policy chang-ed since 1829? Let us briefly run over
events since, and examine.
Assuredly, it is a point of importance so to do ; for there is an
ominous tendency in the present times to investigate the condi-
tion of the international relations of the two countries ; and it
would be well, if possible, if practicable, to provide against the
bitterness of such a review, by citing and making to stand out in
the clear light of day, those instances, if such can be found to
exist, in which a disposition was evinced to make some tardy
reparation for the cruelties of centuries.
The Emancipation Act was accompanied by penal clauses
against the regular clergy, who, by their fidelity during the times
of persecution — when the establishments of their orders in other
countries gave them means of education and preparation for the
dangerous mission of Ireland, which the secular clergy possessed
not — secured for themselves the everlasting affection of the
faithful Irish people.
To strike at this admirable class of men, dear as they were
and are to the Irish heart, was to strike at that heart itself.
The Emancipation Act was also accompanied by the petty
spite of denying to Catholic Bishops the titles of their sees —
restrictions to Catholic ambition with regard to three or four
high offices of state, and the temporary exclusion from parlia-
ment of the chief lay Catholic who had compelled England to
concede.
Also by the cruel and wholesale annihilation of the most
extensive of the popular franchises — that of the true-hearted
and devoted forty-shilling freeholders.
All these drawbacks seemed not to be considered enough to
damp Catholic feeling at the moment of concession, without the
very plain and unreserved declaration of Peel and Wellington,
that they did not concede through favour or a sense of justice,
but because they could not help themselves, and because they
preferred concession to civil war !
A very striking proof was given here of the absolute contempt
entertained for Irish public opinion.
This declaration of the ministers could (it was, of course,
known) not fail to remove from the Irish mind all gratitude for
DANIKL O'CONNELL, ESQ., M.P. 317
the extorted concession ; yet Peel — the cautious, reserved,
plausible Peel — scrupled not to make it !
He threw Emancipation to us as the surly master throws a
bone to his spaniel — striking at him with the other hand while
he feeds him !
We have had another instance of the same treatment from
him lately. His Bequests and Colleges' Acts were introduced
with great professions of anxiety for the welfare of Ireland ;
but he has since not scrupled, or perhaps we should say not
hesitated, to avow, that his intention was to divide and distract
us by our differences on the merits or demerits of those unhappy
acts!
Peel went out of office in 1830, and the Wigs came in. How
did they, and the British parliament under their auspices, act
towards Ireland ? What was the next step towards reparation
of injuries — towards conciliation of justly exasperated feelings —
towards binding the two countries together in one fast,
indissoluble, enduring bond of affection ?
A Coercion bill against Ireland — an unconstitutional, tyran-
nous, insulting, degrading Coercion bill, and at the very most
insulting and irritating moment that could have been chosen.
The Irish tepresentatives had devoted themselves to the
cause of English parliamentary reform. They had, in a great
measure, foregone the demands and necessities of their own
aggrieved countrymen, to strengthen the hands in parliament
of those English statesmen who were contending for the rights
of the English people. They supported these men through
thick and thin ; and mainly by their aid it was, that parlia-
mentary reform was carried for the English.
The moment it was passed, in the very first flush of the
popular victory in England, while yet men were shaking hands
and exchanging congratulations, and scarcely crediting their
own senses, that the Dagon of Toryism, whose shadow had so
long blighted their liberties, was smitten to the earth ; that very
moment, of all others, was chosen by the English Whig ministry
and the English popular parliament, to strike down the
struggling liberties of Ireland !
Mr. O'Connell is, at this day, taunted and reviled at for saying
that England's distress is Ireland's opportunity ! What can those
318 MEMOIR AND SPEECHES OF
who taunt him, and who shun to meet the historic proofs she
gives — proofs borne witness to by Pitt in 1817, by Huskisson
in 1825, and other English statesmen themselves, that Ireland
never yet obtained one concession from England, save under
the pressure of adverse circumstances on the latter ? What can
his revilers say, or attempt to say, to remove the deep-seated
conviction which these occurrences, the concession of Catholic
relief through acknowledged fear of a civil war, and the
invasion of popular liberties when England was in her hour
of triumphant rejoicing, have made on our minds, that when
she is strong she will tyrannize, and when she is weak she will
crouch ?
Parliamentary reform for Ireland was passed with actual
deprivations of existing rights of voting, and complex and most
injurious arrangements for the new rights given. The inequa-
lities, on a comparison with the measure passed for England,
were of the most glaring description, and all remonstrance was
in vain.
Corporate reform, after years of hard ;?truggling — three of
them after England had obtained that measure — was at length
accorded to Ireland, but in the most maimed and restricted
degree. A shilling's rating qualifies a voter in Liverpool. A
rating of ten pounds is required in Dublin.
English corporations elect their own sheriffs, and have voices
in the appointment of municipal magistrates. In Ireland this is
absolutely in the hands of the government.
When such were the benefits we have received from England,
in these last sixteen years, has there been nothing on the other
side of the account ?
In 1837, Lord Stanley proclaimed the Irish people " per-
.TURORS," and brought in a measure to rob them of their fran-
chise, because he chose so to style them.
The note was caught up })y the English press, and sounded
throughout every part of England with cheering and encourage-
ment. The Times added little amenities of its own against the
Catholic priesthood of Ireland.
So strongly was the English mind excited on this subject,
so congenial and acceptable were these calumnious and atrocious
attacks on the rights and dearest feelings of the Irish, that the
DANIEL O'CONNELL, ESQ., M.P. 319
decline of the Whig party within the House was greatly
attributable to their not harking-in with the cry ; and without
doors their unpopularity was extreme from the same cause.
Session after session, until the Whigs lost office entirely,
Stanley's motion was renewed (as must be in the recollection of
our readers), and then, when the Tories had secured power for
themselves, the insulting confession was made, not in words, but
by conduct, that the calumnies against the Irish people had
been used but as a means of bringing those into odium
who had shown any disposition of kindness towards that people ;
and that no such real necessity existed as had been so re-
peatedly and fiercely urged for utterly robbing them of their
franchises.
The Arms' Bill and the monster prosecution have been
the evidences of English legislative and governmental kindness
since the Tory advent to power. The Bequests and Infidel
Colleges' Acts have (as we have before noticed) been passed
with the confessed and avowed intention of dividing and dis-
tracting, and not of benefitting or conciliating Ireland.
On the poor law for Ireland we will not mock the misery
of our country by dilating. Its proved inefficiency, and its
insulting management are but too evident. Yet one remark on
the manner in which Ireland was treated with regard to that
measure.
A commission of talented and highly informed Irish gentle-
men, laboriously investigated, and most ably reported on Irish
distress, and the possible remedies that might be applied.
The English minister, a Whig, too, Lord John Russell,
threw their report into the fire — sent over an English master of
a merchantman to make a nine weeks' post-chaise tour through
Ireland ; and on his report alone, imposed upon this unfortunate
country those poor laws which, under an immense variety of
systems, have never yet been found successful in England.
W^ith this glaring instance of the contemptuously reckless
character of the English legislative intermeddlings with Irish
matters, even where the most important interests are at stake,
we conclude our brief digression. Assuredly, the Irishman who,
on calmly considering the facts we have enumerated, can give
or continue his assent to our miserable degradation, in being
320 MEMOIR AND SPEECHES OF
thus mis-legislated for by another country, is undeserving of the
name of Irishman, and scarcely even of that of man.
On the 27th of May, the Catholic bishops, assembled in
synod, came to the following decisive resolutions against the
so-called " Relief Bill" :—
" At a general meeting of the Roman Catholic Prelates of Ireland,
held this day, Thursday, May 27, 1813,
" Most Rev. Richard O'Reilly, D.D. President : —
"' Resolved unanimously — That, having seriously examined the copy of a
bill, now in progress through parliament (purporting to provide for the removal
of the civil and military disqualifications under which his Majesty's Roman
Catholic subjects labour), we feel ourselves bound to declare, tliat the ecclesias-
tical clauses or securities therein contained, are utterly incompatible with
the discipline of the Roman CathoUc Church, and with the free exercise of
our religion.'
" ' Resolved unanimously — That, without incurring the guilt of schism, we
cannot accede to such regulations.
* ' ' Neither can we dissemble our dismay and consternation at the conse-
quences which such regulations, if enforced, must necessarily produce. '
(Signed) " Richard O'Reilly, President."
Their lordships also agreed upon an address to the laity, to
which we shall presently refer.
At the very time that they were meeting, however, the bill
they thus solemnly denounced and protested against had been
withdrawn from before parliament. The slowness of post-com-
munications between London and Dublin had prevented their
being made aware of the fact. Nor was the news received
for two days after, although dispatched from London by the
mail of the 25th.
On the nig-ht of the preceding day, or rather at a very early
hour of the morning of that day itself, the House of Commons
had concluded a long debate, in committee, upon the clause
of the bill which admitted Catholics to parliament, by a division
of 251 against the clause, to 247 in favour of it. The rejection
of this — the main clause of the bill, of course, led to the
withdrawal of the latter by the government.
Mr. Abbott, the speaker, led the opposition in this instance,
and moved the successful amendment to omit the clause from
the bill.
The Dublin Evening Post of the date when the news arrived
DANIEL O'CONNELL, ESQ., M.P. 321
in Dublin, had an article commenting in terms of great wonder-
ment on his conduct in this matter, enumerating several popular
and liberal votes given by the speaker on other occasions ; and
after the enumeration, thus proceeded : —
" Here, then, is the first authority in the democratic part of the con-
stitution against the concession of the Catholic claims. There may
be men equal in ability, and superior in power to Mr. Abbott, in
favour of the bill ; but there is no man that supports it higher in
character, or that has a greater influence with the better orders of the
community.
" In one word, the speaker of the House of Commons sj)eaks the
sense of nine-tenths of the British people.
'* What, then, is the opinion of the English people, as expressed by
Mr. Abbott, upon the Irish claims ?
" Mr. Abbott considers the system introduced by the bill as hostile
to the fundamental principle of the constitution.
" That the Catholic claims are not founded in right.
" That the Catholic religion may be tolerated, but that Catholics
should not be admitted to the enjoyment of power." . . .
Such, according to the Dublin Evening Post (and its assump-
tion was a correct one), were the opinions of the English people,
as expressed by the speaker of the Commons House of parlia-
ment, the enlightened and liberal Mr. Abbott.
No one, now a-days, disputes the fact, that when Peel and
Wellington were forced to concede Catholic Emancipation, it
was against the will of the English people.
In no wanton bitterness do we recall this fact to remem-
brance, and desire it to be retained — in no spirit of hostility to
the English people. They have but exhibited a melancholy
instance of the weakness of human nature.
Undoubtedly, weakness, when it lead to the commission, or
encouragement, or toleration of crime, is a crime in itself; but
if ever a people had excuse for it, the English have that excuse ;
from the sedulous care, the wicked pains that have, for centu-
ries, been taken to keep them from knowing and sympathizing
with their Irish fellow subjects, and to create, nourish, and
inflame the worst prejudices within their breasts against every-
thing Irish and Catholic — everything Catholic and Irish.
Y
322 MEMOIR AND SPEECHES OF
The recalling to recollection of instances of these sad feelings
on their part has a double object, justifiable and laudable in each
branch.
The first, that Englishmen may be warned of the necessity of
giving to their Irish fellow subjects some evidence of a
repentance for the past, and a disposition to act in a kindlier
manner for the future. Mr. O'Connell has well remarked, in
the introduction to his work, entitled " Ireland and the Irish,"
that there is too much of a disposition in England to assume
entire absolution for by-gone ofl:ences against Ireland, without
thought of any reparation or atonement whatsoever.
Secondly, the recapitulation is useful, to warn the Irish
people from their proverbial failing of a too generous confi-
dence, which might lead them to relax their efforts at self-
assertion. It is well to be kindly and forgivingly disposed ; but
it would be miserable imbecility to think that self-abandonment
was necessary as a proof of our charitable forgiveness of
injuries.
No. Let the Irish people bear with their usual calm
patience the attacks made upon them for refusing altogether
to forget, although quite ready to forgive. The accusations
made against them, on this score, are but a petty and insignifi-
cant addition to the mass of ancient calumny they have been
subjected to. Let them be well assured that a proper degree of
self-appreciation — a proper amount of rational care-taking to
protect themselves from the mistakes or crimes of others, will
procure that respect which can be the only sure foundation of
lasting esteem and regard between nations as between indivi-
duals.
There was, after all, no real cause for the wonderment of
the Dublin Evenhig Post, at the illiberality, on the Catholic
question, of the enlightened and liberal Mr. Abbott.
Amongst the highest educated of the members of both
houses of parliament — amongst the most " liberal" (on
questions not having reference to Ireland or Catholicity) many
of the bitterest bigots, political and religious, that ever dis-
graced any time or any country, are to be found at this day,
and during all our experience of British legislation.
Nay, what is certainly an increased anomaly is sometimes
DANIEL O'CONNELL, ESQ., M.P. 323
visible — of men who are quite ready to concede a large measure
of political rights to Ireland, but who, in Catholic matters
relating to her, as well as in dealing with Catholic interests
elsewhere, have shown themselves the very reverse of liberal.
A good deal of this has been shown by the Whig party
both in and out of office ; and a very strong disposition towards
it on the part of the English Radicals. To go no farther than
the last two sessions, we have seen the Bequests and Infidel
Colleges' Bills warmly supported and pressed against the will of
the great majority of the Irish people, and in open contempt of
their opinions, by the English Whigs and Radicals.
In foreign matters, relative to Catholicity, Lord John
Russell and Lord Palmerston — the one the chief, the other a
prominent, liberal leader, have displayed considerable inve-
teracy, and, if we may use the word, without being accused of
personal bitterness, considerable bigotry.
We allude to Lord John Russell's conduct while Colonial
Minister. In all Catholic matters relative to the Colonies, he
was ever found most intractable, most unaccommodating — we
had almost said, most unfair.
Lord Palmerston deliberately abandoned the Catholics of
Syria to the atrocities of the Turks, when it would have been
in his power to have secured them guarantees for the free
exercise of their religion, and safety of their persons and
properties, such as they had enjoyed under the rule of Mahomet
Ali.
And in turning from these subjects we must remark, in
conclusion, that the Whig press, particularly the liberal
Morning Chronicle and radical Examiner, have been deep-dyed
in criminality on this score, both having heartily approved of
the late King of Prussia's tyranny towards the Rhenish
Catholics, and his persecution of the admirable Confessor
Clement, Archbishop of Cologne ; as also of the monstrous
tyrannies of Espartero against the ministers of the Catholic
religion in Spain.
We have too long delayed in coming to the interesting
meeting of the Catholic board, after the rejection of the insult
ing " Relief Bill" of 1813 ; but there is so much of relevancy
and similaritv in the events of the times of which we are
324 MEMOIR AND SPEECHES OF
treating, to the events and circumstances of the present time,
that it is very difficult to avoid being betrayed into frequent
digression.
On Saturday, the 29th May, the board met for the first time
after the news had arrived that the bill was withdrawn.
The chair was taken by Lord Triraleston, who commenced
with a very doleful lamentation over the loss of the measure in
question, stating that he had been thereby reduced from a
state of the greatest exultation and hope to one of grief,
and almost of despair, and entitling it, " The Great Charter of
our Emancipation."
Loud cries of no ! no ! met his lordship's Jeremiad, as also
his praise, shortly after, of the miserable Castlereagh, for his
"judgment and great political abilities" displayed in the concoc-
tion of this bill.
The unequivocal symptoms of dissent and disapproval to
which his audience gave free vent, induced his lordship to
shorten his speech ; and after a brief exortation to renewed
exertion, he gave place to Mr. O'Connell, who thus addressed
the meeting : —
" I have come to this meeting, gentlemen, to make a communica-
tion which, I need scarcely say, derives much more importance from
the venerated persons who have sent it, than from the humble
individual who is the bearer of it. It is from our highly honoured
prelates. (Hear, hear.) As the servant, first of the board, and next
of those revered personages, I will read it if I am allowed permission.
(Read, read.) It is a pastoral address, gentlemen, fraught with as
much wisdom as piety — remarkable for talent, moderation, and
meekness. I am not astonished that you should feel impatient to
know its import. I will forthwith gratify your anxieties. (Cheering.)
' ' ' Pastoral Address of the Eouian Catholic Prelates (assembled in Dublin,
May 26, 1813) to the Clergy and Laity of the Roman Catholic Churches in
Ireland.
" 'Revekend Brothers — Beloved Children —
•' ' Peace be with you !
" ' Solicitude for the spiritual interests of our beloved flocks obliges us once
more to suspend the exercise of our other pastoral duties, in order to deliberate,
in common, upon the present posture of our religious concerns.
DANIEL O CONNELL, ESQ., M.P. 325
' • ' We hasten to declare to you the lively feelings of gratitude excited in
our breasts by the gracious condescension of the legislature in taking into
its favourable consideration the disabilities which still affect the Catholic
body.
" 'With these feelings, deeply and indelibly impressed upon our hearts, it
is with the utmost distress of mind that we are compelled, by a sense of duty,
to dissent (on some points connected with our emancipation) from the opinions
of those virtuous and enlightened statesmen who have so long and so ably
advocated the cause of CathoUc freedom.
' ' ' Probably from a want of suificient information, but unquestionably from
the most upright motives, they have proposed to the legislature the adoption
of certain arrangements respecting our ecclesiastical discipline, and particularly
respecting the exercise of episcopal functions, to which it would be imiiossible
for us to assent without incurring the guilt of schism ; inasmuch as they
might, if carried into effect, invade the spiritual jurisdiction of the supreme
pastor, and alter an important i)oint of our discipline, for which alteration
his concurrence would, upon Catholic principles, be indispensably necessary.
' ' ' When the quarter is considered from whence the clauses have proceeded,
it might, perhaps, be imagined, were we to continue silent, that they had
our unqualified approbation. On this account we deem it a duty which we
owe to you, to our country, and to God, to declare in the most public
manner,
" ' That they have not, and that, in their present shape, they never can have
our concurrence.
" ' As, however, we have, upon all occasions, inculcated the duty of loyalty
to oui" most gracious Sovereign (the securing whereof is the professed object of
the proposed ecclesiastical arrangements) so we would be always desirous to
give you the most convincing proofs, that we are ready, in the most exemplary
manner, to practise it ourselves.
" ' We have sworn to preserve, inviolate, the allegiance which every subject
owes to his Sovereign — we are not accused of having violated our oaths.
" ' Should any other oath, not adverse to our religious principles, be yet
devised, which could remove the unfounded apprehensions of any part of our
countrymen, we would willingly take it. We owe it to our God to be free
from disloyalty. We owe it to oiir countrymen to endeavour, at least, to be
free from suspicion.
" ' Upon these grounds, reverend brothers — beloved children, we
announce to you the following resolutions which, after invoking the light and
assistance of God, we have unanimously adopted : —
" ' First — That having seriously examined a copy of the bill, lately brought
into parliament, purporting to provide for the removal of the civil and military
disqualifications under which his Majesty's Roman Catholic subjects labour,
we feel ourselves bound to declare, that certain ecclesiastical clauses or
" securities" therein contained, are utterly incompatible with the discipline of
the Roman Caiholic Church, and with the free exercise of our religion.
" ' Second — That we would, with the utmost willingness, swear, should the
legislature require us so to do,
"'That we will never concur in the appointment or consecration of any
326. MEMOIR AND SPEECHES OF
bishop whom we do not conscientiously believe to be of unimpeachable loyalty
and peaceable conduct.
' ' ' And further — That we have not, and that we will not have, any corre-
spondence or communication with the chief pastor of our church, or with any
person authorized to act in his name, for tlie i^urpose of overthrowing or
disturbing the Protestant Government, or the Protestant Cliurch of Great
Britain and Ireland, or the Protestant Church of Scotland, as by law
established.
"'Reverend Brothers — Beloved Childi-en — The grace of our Lord Jesus
Christ, and the communion of the Holy Ghost, be with you all.
" (Signed)
" Richard O'Reilly, Archbishop of Armagh and John Power.
Primate of all Ireland. William Coppiuger, B;shop of Cloyne.
J. T. Troy, Archbishop of Dublin and Primate N. P. Archdeacon.
of Ireland. p. Ryan.
Thomas Bray, Archbishop of Cashel. Peter M'MuUen, ,
Patrick J. Plunket, Bishop of Meath. J.Young, ^bi/ pruxy.
Daniel Murray, Coadjutor of Dublin. Daniel Delany, J
F. Moylan, Bishop of Cork. Richard Mansfield, Vicar-Capitular, Diocese
C. Sughrue {by jn'oxy). Bishop of Kerry. of Ossory.
Edmund Derry. Oliver O'Kelly, Vicar-Capitular, Tuam.
Charles O'Donnell. G. Plunket, Vicar-Capitular, Elphin.
Farrell O'Reilly. p. Daly, Vicar-Capitular, Ardagh.
James O'Shaughnessy. Denis Mannin, Vicar-Capitular, Galway.
Peter M'Laughlin, Bishop of Derry. John Flinn, Vicar-Capitular."
James Murphy.
" To this document," continued Mr. O'Connell, " I was requested
to call the attention of this board, whom the authors have ever
honoured with their esteem ; at all events I was desired to deposit it
in the Lands of the secretary. I have discharged one part of my
duty, I perceive not without the approbation of the meeting ; I will
now discharge the remainder, (handing it to the secretary,) troubling
you with very few observations indeed. (Loud cries of hear, hear.)
This communication is such as has been usually received at periods
much less important than the present. It contains no assertion be-
yond the strict bounds of episcopal propriety. The only objection I
can possibly see to its being received with respectful thankfulness
and cordiality, arises from a consideration personal to myself, (hear,
hear.) On the last occasion, two prelates condescended to attend
here, and made in their own persons the communication of their
brotherhood ; the task has this time devolved to hands much more in-
competent and less entitled to consideration ; and I admit, that this
undesirable circumstance might, if there were no justification for it,
be a very substantial reason why you would not now feel so well
pleased as beibre. But, gentlemen, there exists what you will, I am
DANIEL O'CONNELL, ESQ., M.P. 327
sure, think a sufficient justification for it. There was a distinguished
prelate to whom the duty of waiting on this board was delegated.
From this most Rev. prelate — His Grace, the Archbishop, Dr. Mur-
ray— I had this morning the honour of a lettei', intimating his wish
that I should appear here for him. I wrote back to him stating that
I should much rather see himself in attendance ; and I got an answer;
alleging, as the sole reason of his intended absence, a sufficient one,
as I am quite sure you all must at once allow, that he would be kept
away by avocations connected witli the discharge of his sacred func-
tions, too urgent to affi^rdhim leisure or admit of delay. (Hear, hear.)
Enemies might have suggested that there was an appearance of dis-
respect, or of some want of sufficient attention in the variance from
the formality that was observed on the last occasion, but I flatter my-
self, it is now quite clear to every gentleman that it was an appearance
only. (Yes, yes.) The motion, then, which I intend to submit, of a re-
spectful vote of thanks to the prelates, members of the Catholic Synod,
for their communication, and for the zeal and vigilance they always
evince on behalf of the Catholic Church, will, of course, have your
approbation, and the loud and unanimous concurrence of the people
of Ireland. (Hear, hear.)
" Indeed I may venture to say, that there was no motion ever sub-
mitted to this board, to which assent will have been so completely
yielded as a matter of course.
" The Catholic prelates of Ireland deserve your eternal gratitude
They have stood forward manfully, and without disguise, to assist you
in getting rid of a bill which purported to be for your relief, but
which, in reality, would have perpetuated your degradation and your
slavery. (Loud cheers.) The prelates, if they had given their coun-
tenance and support to this bill, might have consulted and advanced
their own worldly interests. But the sacred calls of duty made
them reject such considerations with contempt. It is not possible to
impute any motives for their opposition to the measure, but such as
must indisputably have originated in conscience and a sense of duty.
(Cheers.)
" And they were right, clearly right. They were right — I take it in
the spiritual matter involved in the new regulations ; and they were
most manifestly right in its temporal operation. Nothing but mischief
and degradation, nothing, I repeat, but the heaviest mischiefs and the
most utter degradation could have resulted from the commission which
was proposed in this bill. For see by whom it was to have been
formed and selected, and of whom it was likely to be composed. It
328 MEMOIR AND SPEECHES OF
was to have been tlie creation of the Duke of Richmond, of that man
whose administration has been signalized by a sullen and sulky oppo-
sition to the Catholics of Ireland ; and whose most distinguishing
characteristic as a chief governor is, that he continues bitterly to hate
the papists — he knows not why nor wherefore. (Hear, hear.)
"Well, this hopeful commission, this 'charter of emancipation,
(Laughter and cheers,) was to be framed by his Grace the Duke of
Richmond, and upon whom is it likely that his choice would fall ?
Recollect, however, that before his, before even his selection com-
menced, you were certain of having, as president of this commission,
that ludicrous enemy of ours, who has got, in jest, the names he de-
serves in good earnest, of ' Orange Peel.' (Hear, hear.) A raw
youth, squeezed out of the workings of I know not what factory in
England, who began his parliamentary career by vindicating the gra-
tuitous destruction of our brave soldiers in the murderous expedition
to Walcheren, and was sent over here before he got rid of the fop-
pery of perfumed handkerchiefs and thin shoes, upon the ground, I
suppose, that he had given a specimen of his talents for vindication,
that might be useful to the present and future administrations of
Ireland ; in short, that he was a lad ready to vindicate any thing —
every thing !
" This special vindicator was to be at the head of the proposed
commission. And let me dismiss him for ever, by venturing to
conjecture what he may hereafter be in our country. But no ;
I will not — I cannot estimate his future qualities. It is impossible
to say what the man may be in old age, who, young — with the first
impressions of nature about him — with a heart, uncontaminated,
at least, by much intercourse with the world — with any charities of
his nature unsullied — with any milk of human kindness unexhausted —
whose first step in life was the vindication of the most foolish and
the most cruel — the most absurd, and the most fatal — the most use-
less, and the most murderous expedition that human insanity ever
dii-ected, or human depravity ever applauded. (Great cheering.)
" After this worthy president would have come — the chosen of
his Grace — first, we should have had, I presume, my Lord Man-
ners ! a gentleman, certainly, by birth, education, and in deportment,
but, 1 can safely assert, quite as ignorant of the state of the Irish
people, and as unacquainted with their wants, wishes, feelings, and
dispositions, as he was the day before his arrival in this country.
Surrounded by, and pleased with those men only who are inclined
and interested to deceive him, he has received their miserably mistaken
DANIEL O'CONNELL, ESQ., M.P. 329
opinions, and adopted their bigotry with a facility quite inconsistent
with a sound judgment or an enlarged understanding — and still
more, incompatible with a good heart.
" In truth, he seems just such a man as bigotry would select as
her choice instrument. Too decent to inspire any disgust — too
polite to give personal offence — too weak to discriminate between the
artful misrepresentation of bigotry and the plain language of truth
and with the natural propensity of a small mind to the practical
details of intolerance. (Hear, hear.) He has no connection with
this country — no interest in its prosperity. He has no stake in its
lands, nor does he possess a habitation or a dwelling of his own in
Ireland. He is a dry lodger — in furnished lodgings ; and when the
hour of his departure shall arrive — and may it soon come — he will
only have to put his hat upon his head, to turn into bills his large
savings on the ten thousand a year, which the poor people of Ireland
pay him, and forget us as rapidly as we shall consign his name
to oblivion. (Cheers.)
" Next to my Lord Manners, we should have been sure to find
upon the list of these commissioners, the Duke of Richmond's privy
councillor, the Right Hon. Doctor Duigenan ! he, who was so specially
appointed by his Grace for ecclesiastical affairs, and for none other,
that he was very aptly compared to the tanner's dog, kept chained aU
day, and only let loose at night. This religious bull-dog is particularly
fitted for worrying popish bishops, no tanner's dog ever hating a
thief at night, as he does a popish priest in the noon-day. It is not
in the nature of the canine guardian, either of the tanned leather or
of the ascendancy, to feel pity or show mercy. (Hear, hear.) Poor
popery would soon have been torn to pieces beneath his vile tooth.
"Either Mr. William Saurin, the attorney-general, a man after
Doctor Duigenan's own heart (hear, hear), or Jack Gitfard, would
have been the third commissioner. I suppose the choice would fall
on Saurin ; for, although he is as either of the other two, and pretty
much on a par with them in rancour, yet I will very candidly confess,
I think him rather superior in other respects to Giffard. He would,
therefore, be chosen ; I take it for granted ; and what a state this
would be for Ireland? — the grandson of a French Huguenot sitting in
judgment on the Catholic hierarchy of the land! A man, belonging,
in fact, to the only sect of Protestants who, even under persecution,
asserted the atrocious and unshaken principle of intolerance, and
afforded to those who deprived them of liberty of conscience, the
semblance of an excuse by avowing, that if they Mere themselves
330 MEMOIR AND SPEECHES OF
in power they would persecute in their turn ! With what delight
would Mr. Saurin hold his inquisitions, under the pretence of
examining into the loyalty of the candidates for the mitre, but
for the purpose of discovering and excluding the talent, the in-
tegrity, and the piety of our priesthood !
" And, if these commissioners — if Saurin and Duigenan, Peel and
Lord Manners, should not be sufficient to exclude from the prelacy
all the piety, the integrity, and the talent of the Catholic priesthood,
should they so neglect their duty, as to allow a single worthy man to
exercise episcopal functions in Ireland, the Lord Lieutenant would,
under the ' charter of emancipatiorC — for I like the expression —
have had it in his power to remove them from that office, and to
substitute others who would carefully abstain from committing
any similar mistake.
" So that, if this bill had passed into a law, some accident might,
perhaps, have given us, at one time or the other, one respectable
bishop. It would have been impossible that we could have had
a second, or any other, save from among the most supple and
pliant tools and slaves of the Secretary of the Castle.
" I will not task you as Catholics, but I will^ boldly demand of
you as Irishmen, whether you do not rejoice at having escaped from
an act of parliament, the necessary consequences of which I have
thus laid befoi'e you? (Hear, hear, hear.) Do you not rejoice,
that the corrupt influence of the government is not to be extended
to your church, and that there remains, and will remain, in Ireland,
one spot free from ministerial pollution, and that your bishops
are not to be degraded to the subserviency of gangers and tide-
waiters, nor your priesthood to the dependence of police constables.
(Hear, heai-.) If your feelings and opinions be, as your approbation
of those sentiments proclaim them to be, accordant with mine — if you
dread as Catholics, and abhor as Irishmen, the extension of the
influence of the servants of the crown, an influence equally fatal to
religion and to liberty, you will join, with all your hearts, in
the unanimous adoption of my motion. (Loud cheers.)
" The bishops have stood between you and this bill ; they have
stood between you and the mephitic breath of ministerial corruption ;
they have stood in the front of the battle of Ireland, and they
deserve that, without any regard to the event, the first praise
and glory should be theirs. Recollect, too, that your refusal to
adopt my motion, if it were possible you should refuse to adopt it,
would imply an approbation of this most paltry and misconceived
DANIEL O CONNELL, ESQ., M.P. 331
bill. To refuse your thanks to tlie Catholic prelates of Ireland,
would be to declare that they deserve censure. If you think so,
reject my motion ; but, no, no, it is impossible you could bear the
name or form of Irishmen, and censure the rejection of this absurd
and mischievous bill. (Cheers.)
" I shall say one word more and conclude. Perhaps there are
amongst you men who would confide in the liberality of your enemies.
If such there be, let him, I entreat, but recollect the ruffian shout
of English insolence, with which the declaration of the majority
against the only valuable clause in this bill was received. Oh !
may that be the last shout of English victory over poor, fallen, and
degraded Ireland ! (Hear, hear.) May the measure of English ini-
quities, and of English triumphs over us be full, and the day-star
of Ireland at length arise ! (Hear, hear, hear.)
*' But they have triumphed, they have defeated, and they have
insulted us. Oh, fortunate Napoleon ! it is thus the leaders of
your foes have ever conducted themselves. Of little avail was your
victory at Lutzen to you, compared with this victory ! The men
who defeated your legions at Barrossa and Vimiera, at Badajoz and
Salamanca, are degraded although they are brave, and are insulted
because of their fidelity. Their valour is disheartened by being
refused its just reward, and their honour is insulted, and tarnished,
and trod under the hoof of the yelling and triumphant spirit of
English bigotry !
" They defeated you, but you are now revenged ; your English
allies have defeated them, and added contumely and disgrace to defeat.
Without a bribe or a subsidy from you, have these English fought
your battles ; and if these your most useful allies have been paid, it
has been out of another treasury than yours. (Hear, hear.) I shall
say no more — I cannot trust myself on this maddening subject.
This last insult is indelibly written on mine and every other Irish
heart. (Hear, hear.) There it shall live for ever ; we may forgive
it, but it shall never, never, be forgotten. (Hear, hear, and cheering
for several minutes.) Mr. O'Connell then moved —
*' That the most respectful thanks of the Catholic board be given to the Most
Rev. and Right Rev. the Catholic Prelates in Ireland, for their communication
to us this day, and for their ever vigilant and zealous attention to the in-
terests of the Catholic church in Ireland.
" Major Bryan seconded the motion, and Mr. Byrne spoke warmly
in its support.
332 MEMOIR AND SPEECHES OF
" Anthony Strong Hussey, Esq., rose to move an amendment.
It was to the effect, ' that all the words after the word " communica-
tion" should be omitted ;' that is to say, thank the prelates simply
for the communication they had that day made to the board through
Mr.O'Connell, and to leave out that branch of the motion which went
to thank them for ' their ever vigilant and zealous attention to the in-
terests of the Catholic church in Ireland.' Mr. Hussey supported his
amendment with arguments to the following general effect : — 1st, that
the Catholic laity ought to have taken time to decide fully and finally
upon the obnoxious clauses ; and that as the Catholic prelates
had seen fit to pronounce so decidedly against those clauses, they
ought to have gone more into detail than they had on the subject.
They had talked, for instance, of the dangers of schism ; but their
want of explaining how those dreadful results could come about,
threw him and a vast portion of the public into great perplexity, as
all their wit could not devise the process of mind by which their
lordships arrived at this conclusion.
" 2ndly. That they had not only not explained what schism they
dreaded, but had not stated what measures of precaution they would
have advised, nor what substitutes they would have proposed for the
clauses in question.
" He (Mr. Hussey) would have had their lordships to have
deliberated upon what could be done in regard of giving the crown
the wished-for security, and at the same time preserving inviolable
the discipline and free exercise of the Catholic religion.
" The tone and wording of Mr. Hussey's address were of scant
enough courtesy towards the prelates : but a worse spirit with regard
to them was speedily to be developed in the discussion.
'- At this point, (Mr. Hussey having concluded, and his amend-
ment being seconded by Mr. Boulger,) Dr. Dromgoole, supported by
Lord Ffrench, interposed, to requii*e of Mr. Hussey to decide at once
whether he would ' make his stand against the
original resolution on the ground of his amendment, or on that of the
standing order,' (of.a week's notice,) to which he had adverted, as an
ultimate means of opposition.
" Mr. Bellew (Counsellor Bellew, whose irreverent, un-Catholic and
dishonest speech we shall have presently to notice,) contended that
Mr. Hussey should in no way be held bound. ' If (he said,) it were
not exactly regular for the honourable gentleman, the mover of the
amendment, to have recourse to the standing order, he (Mr. Bellew,)
would urge the meeting to assent to adjournment, as it would be the
DANIEL O'CONNELL, ESQ., M.P. 333
means of preventing himself from introducing much unpleasant mat-
ter, touching the conduct of the bishops, which he felt it his duty,
however reluctantly, to indulge in.'
" Mr. O'Connell said, he for one would not allow the board to be
gagged by instalments. The Castle had already sought to put an ex-
tinguisher upon the board.
" Mr. M'Donnell (the notorious ^neas) conceiving that Mr.
O'Connell's resolution went only to thank the bishops, in earnest
language, for their kind communication, without entering into the
merits of the clauses, gave it his support.
" Dr. Dromgoole wished that no impression of this kind should be
suffered for one instant to remain on the mind of the meeting. He
distinctly declared, that the resolution of Mr. O'ConneU involved a
consideration of the clauses, going decidedly with the most rev,
and right rev. prelates to protest against those clauses. (Loud
cheering followed this declaration.)
" Sir Edward Bellew then rose, for the purpose, as he said, of
setting gentlemen right upon this subject .....
A mistake had arisen, and he (Sir Edward BeUew) had it in his
power to explain it. Mr. Canning did make a communication to Dr.
Troy, upon the principle of the clauses which he intended to pro-
duce. (Hear, hear.) I saw it. (Hear, hear.) Dr. Troy did answer
that communication ; and Mr. Canning wrote a second time to him.
Dr. Troy, in answer to this communication, referred Mr. Canning to
a letter which he had written to Lord Donoughmore, expressing his
opinion upon the clauses. All this I speak from my own certain and
positive knowledge. (Hear, hear.) I derive my information from
the venerated and much-respected prelate himself. (Hear, hear.)
In the letter to Loi'd Donoughmore he very distinctly stated that
those clauses were inadmissible. (Hear, hear.) But those ivere not
Mr. Canning's clauses.
" Boldly and fearlessly, continued Sir Edward, I declare, that Dr.
Troy did agree in the principle of Mr. Canning's clauses ; and for
the truth of my assertion I refer to the most rev. prelate himself.
(Loud cheers.)
" But I also declare, that he did not approve of Lord Castlereagh's.
He did approve of the principle of Mr. Canning's clauses. / assert
it jor a positive fact ; because Dr. Troy told me so himself., that he
had suggested certain clauses ivith the concurrence of the Bishops.
This suggestion respected the admission of a certain number of Ca-
tholic prelates into the board: and it was positively on their
334 MEMOIR AND SPEECHES OF
suggestion that the clauses were introduced into the bill ! (Hear,
hear.)
" Sir Edward Bellew then entered on the question immediately
before the chair.
" If the board adopted the second part of the resolution, they
bound themselves completely to the decision of the prelates, and pre-
cluded themselves from the benefit of free action, should the legisla-
ture offer to concede at any future time, upon receiving securities
which, though not interfering with the existence or interests of the
Roman Catholic religion, might yet involve some point of church
discipline ; which, having been altered before, might, of course, be
altered again : but which the bishops might refusk to
ALTER (!!!)"
Thank Heaven ! the tone and spirit of Catholic society have
so far improved since 1813, that no Catholic would now dare
to face a popular assembly in Ireland, with a proposition flying
in the face of the Catholic prelacy on a matter within their
jurisdiction! But during the discussions of 1845, on the
unhappy and uncanonical Bequests and the Infidel Colleges' Acts,
there were not wanting some whisperings and mutterings of this
un- Catholic and shameful description.
" Sir Edward Bellew went on to contend for the lawfulness ! of
Catholics opposing their bishops under such circumstances !
" He concluded by saying, that on the ground of the necessity of
reserving this power of rebellion (as, in plain truth, it would deserve
to be styled) he could approve of no more of the resolution than the
expression of thanks to the prelates for having communicated with the
board their opinions ; and should, therefore, have to support Mr.
Hussey's amendment.
" The original resolution was warmly supported by Nicholas
Mahon.
" Counsellor Bellew then rose and addressed the board.
" He commenced by reviewing the various opinions that had been
expressed as to the bearing of the amendment, and declaring that he
would offer, even that the amendment should be withdrawn, * if it
were declared that it was not intended by the original vote to
express approbation of the resolutions and conduct of the bishops ! !'
" Let it, therefore, be remembered, said Mr. Bellew, that I
DANIEL O'CONNELL, ESQ., M.P. 335
have not sought this discussion. Those who now come forward as
the friends of that respected body, (the bishops) will take upon them-
selves the consequences, so far as the discussion may lead to obser-
vations not very favourable, at least, to the discretion, good sense,
candour, and conciliatory spirit of our Roman Catholic prelates, as
manifested in their lately-published resolutions."
After this audacious exordium, Mr. Bellew proceeded to
make hollow and insulting protestations of his respect and ad-
miration for the prelates ! !
He then alluded to Sir Edward Bellew's extraordinary
announcement with respect to Doctor Troy, and contended that
the partial changes which had been made in the much-talked-of
clauses, did not justify the epithet " schismatical," as subsequently
applied to them.
" The material difference (said he) consists in this — that the
board of commissioners, as proposed in the original clauses, was to
consist of only five persons, and that these five persons were to be
Roman Catholics ; whereas the same board, as proposed in the amended
clauses, was to consist of an indefinite number, among whom some
were to be Protestants.
" I admit that it was injudicious not to have fixed the precise
number. I think it, indeed,
certain, that if the bill had proceeded, the precise number would have
been fixed upon before it passed, if a wish to that effect had been
suggested ! but surely this circumstance could not justify the impu-
tation of ' schism,' as imputed to the adoption of these clauses.
It is well known that
in the year 1799, ten of our bishops, including the four archbishops,
had consented to a Veto exclusively in the Crown, by the constitution,
essentially Protestant ; and at this day there is an admixture of
Catholics and Protestants in the visitors of Maynooth College, with-
out the imputation of ' schism' in the arrangement.
, . . But it appears from a
publication of Doctor Milner's, that one ground for such an imputa-
tion, and for the asserted incompatibility with the discipline of the
Roman Catholic church is, that the bishop is to be presented for a
certificate of loyalty after he has been consecrated a bishop, and
appointed to a diocese ; and that to refuse to allow him to act after
such consecration and appointment, for want of a certificate of
336 MEMOIR AND SPEECHES OF
loyalty, would be incompatible with the discipline of the Catholic
Church, and would amount to schism.
" Now, it is be observed — first, that this
objection applied to the clauses in their original state, in which
Doctor Troy had declared his readiness to acquiesce in them.
Secondly — and here I request
the most anxious attention of the meeting — I was well aware that,
according to the discipline of the Roman Catholic Church, a person
consecrated a bishop, and appointed to a diocese, could not, in
ordinary cases, be deprived of jurisdiction ; and I did not mention
the circumstance, and had it communicated to Doctor Troy, with an
intimation that I thought (!) that under the words used in the bill,
the party presented for a certificate of loyalty might be presented
immediately on his nomination and before his consecration, as well as
after, which would entirely remove the objection "! ! !
Mr. Bellew was, however, graciously pleased to add, that he
did not ask his personal assurances to be implicitly relied on,
but that express words to carry out his interpretation would,
" there could be no doubt" be introduced, on their being sug-
gested !
It will be seen how completely depraved this man's mind was,
that in this matter of the certificate he could only see, or perhaps
would only see, the difficulties of a regulation of ecclesiastical
discipline ; and in no degree whatever the gross and intolerable
insult and degradation involved in the sending our bishops to
sue out a certificate of loyalty III
The rest of this audacious and revolting speech was of a
piece with what went before.
" Now, my lord (the chairman. Lord Trimleston), what has been
the conduct of our respectable prelates ? . . . . Did
they manifest that desire of forwarding the bill, i*emoving objections,
and endeavouring to conciliate all parties, which the public of all
persuasions had a right to expect from them ? Did they candidly
state their objection ; and suggest, at the same time, the easy and
ready manner in which it might be removed — the method which I
had myself, through a friend, made known to them (! ! !)
They have anxiously (shall I say gladly^ availed
themselves of the objection ; and studiously kept back from suggest-
DANIEL O'CONNELL, ESQ., M.P. 337
ing the easy means of removing it — of" which, from what I havk
MENTIONED, THEY CANNOT PLEAD IGNORANCE ! ! Is this the Con-
duct of which we are to express approbation ? Is such approbation
the specimen we are to afford of our earnest desire to concur in
removing prejudice and difficulty on each side, and to meet our Pro-
testant fellow-subjects half way in the mutual progress to general
reconciliation F"
It really requires an effort of considerable patience, even at
this distance of time, when thirty-three years have nearly
elapsed since the delivery of the odious sentiments we have
quoted, to read through the speech which contained them.
The tone of insolent assumption, dictation, and audacious re-
proof that pervades it, would render impossible its public de-
livery at the present day ; and that such is the case now, is
mainly owing to the determined stand taken at the meeting we
have been dwelling on, as well as at other meetings of the
period against the un-Catholic and un-Christian spirit which
prompted such a display as that we have been canvassing.
Of Mr. Bellew, personally, we shall have more to speak
when we have concluded the notice of the comnmnications
between the bishops and the Catholic board. Meantime, it
will be enough to say of what has not yet been noticed of his
speech, that it was directed to bringing forward what he called
proofs of the safety of allowing Protestants to intermeddle with
Catholic affairs, and to renewed advocacy of that spurious and
miserably base pretension at liberality, which would consist in a
dastardly sacrifice of honour, principle, and duty, at the shrine
of a false and utterly degrading conciliation.
We have not been quite without some passing indications of
a tendency to this mock-liberality in the discussions of last year,
but by no means to the same extent.
One of Mr. Bellew's concluding sentences charged those
who differed with him, with giving the discussions of the board
" a tendency towards widening and extending animosities be-
tween Protestant and Catholic," and "leading the Catholics,
particularly the lower orders, to consider everything Pro-
testant as odious ami inimical to their interests, and everything
English as oppressive, encroaching, and hostile."
z
338 MEMOIR AND SPEECHES OF
Mr. O'Connell's reply, which we are now about to give,
includes an answer to this, as to all the other monstrous pro-
positions of Counsellor Bellew's speech.
We should premise that Mr. O' Gorman interposed between
the speeches of Mr. Bellew and Mr. O'Connell, with a speech
taking the former roundly to task, and advocating the original
resolution.
Mr. O'Connell then rose, and spoke as follows : —
" At this late hour, and in the exhausted state of the meeting, it
requires all the impulse of duty to overcome my determination
to allow the debate to be closed without any reply ; but a speech
has been delivered by the learned gentleman (Mr. Bellew), which
I cannot suffer to pass without further answer.
" My eloquent friend, Mr. O'Gorman, has already powerfully
exposed some of its fallacies ; but there were topics involved in that
speech which he has not touched upon, and which, it seems to me,
I owe it to the Catholics and to Ireland to attempt to refute.
" It was a speech of much talent, and much labour and preparation.
" Mr. Bellew declared that he had spoken extempore.
" Well, (said Mr. O'Connell,) it was, certainly, an able speech,
and we shall see whether this extempore effort of the learned gentle-
man will appear in the newspapers to-morrow, in the precise words
in which it was uttered this day. I have no skill in prophecy, if it
does not happen ; and if it does so happen, it will, cei'tainly, be
a greater miracle, than that the learned gentleman should have made
an artful and ingenious, though, I confess, I think a very mischievous
speech, without preparation.
" I beg to say, that, in replying to him and to the other supporters
of the amendment, I mean to speak with great personal respect
of them ; but that I feel myself bound to treat their arguments
with no small degree of reprehension. The learned gentleman
naturally claims the greater part of my attention. The ingenuity
with which he has, I trust, gratuitously advocated our bigoted
enemies, and the abundance in which he has dealt out insinuations
against the Catholics of Ireland, entitle his discourse to the first
place in my reprobation. Yet I shall take the liberty of saying
a passing word of the other speakers, before I arrive at him ; he
shall be last, but, I promise him, not least in my consideration.
" The opposition to the general vote of thanks to the bishops was
led by my friend Mr. Ilussey. 1 attended to his speech with that
DANIEL O'CONNELL, ESQ., M.P. 339
regard which I always feel for anything that conies from him ; I at-
tended to it in the expectation of hearing from his shrewd and distinct
mind sometliing like argument or reasoning against this expression
of gratitude to our prelates. But, my lord, I was entirely dis-
appointed ; argument there was not any — reasoning there was
none ; the sum and substance of his discourse was literally this,
that he (Mr. Hussey) is a man of a prudent and economical turn
of mind, that he sets a great value on everything that is good, that
praise is excellent, and, therefore, he is disposed to be even stingy and
niggard of it ; that my motion contains four times too much of
that excellent article, and he, therefore, desii'cs to strike off three
parts of my motion, and thinks that one quarter of his praise is
full enough for any bishops, and this the learned gentleman calls
an amendment. (Hear, hear, and a laugh.)
" Mr. Bagot came next, and he told us that he had made a speech
but a fortnight ago, which we did not understand, and he has now
added another which is unintelligible ; and so, because he was
misunderstood before, and cannot be comprehended at present, he
concludes, most logically, that the bishops are wrong, and that
he and Mr. Hussey are right. (Hear, hear, and laughter.)
" Sir Edward Bellew was the next advocate of censure on the
bishops ; he entertained us with a sad specimen of minor polemics,
and drew a learned and lengthened distinction between essential
and non-essential discipline ; and he insisted, that by virtue of this
distinction, that which was called schism by the Catholic prelates,
could be changed into orthodoxy by an Irish baronet. This dis-
tinction between essential and non-essential, must, therefore, be
very beautiful and beautifying. It must be very sublime, as it is
very senseless, unless, indeed, he means to tell us, that it contains
some secret allusion to our enemies. For example, that the Duke
of Richmond affords an instance of the essential, whilst my Lord
Manners is plainly non-essential ; that Paddy Duigenan is essential
in perfection, 'and the foppish Peel is, in nature, without essence ;
that Jack Giffard is, surely, of the essential breed, whilst Mr. Willy
Saurin is a dog of a different colour. (Hear, and laughter.)
" Such, I presume, is the plain English of the worthy baronet's
dissertation. Translated thus, it clearly enough alludes to the new
commission ; but it would be more difficult to show how it applied in
argument against my motion. I really did not expect so whimsical an
opposition from the honourable baronet. If there be any feeling of
disappointment about him for the rejection of the double Veto bill, he
340 MEMOIR AND SPEECHES OF
certainly ought not to take revenge on the board, by bestowing on
ns all the tediousness of incomprehensible and insane theology. I
altogether disclaim reasoning with him, and I freely consent that
those who relish his authority as a theologian, should vote against
the prelates.
"And, now, I address myself to the learned brother of the theolo-
gical baronet. He began by taking great merit to himself, and demand-
ing great attention from you, because he says that he has so rarely
addressed you. You should yield to him, he says, because he so
seldom requires your assent. It reminds me of the prayer of the
English officer before battle : " Great Lord, said he, during the forty
years I have lived, I never troubled you before with a single prayer.
I have, therefore, a right, that you should grant me one request, and
do just as I desire, for this once." (Hear, hear, and laughter.) Such
was the manner in which the learned gentleman addressed us ; he
begs you will confide in his zeal for your interests, because he has
hither to confined that zeal to his own (Loud and continued cries of
hear, hear.) He desires that you will rely upon his attention to your
affairs, because he has been heretofore inattentive to them ; and that
you may depend on his anxiety for Catholic Emancipation, inasmuch
as he has abstained from taking any step to attain that measure. (Hear.)
" Quite different are my humble claims on your notice — quite
different are the demands I make on your confidence. I humbly
solicit it, because I have sacrificed, and do and ever will sacrifice,
my interest to yours — because I have attended to the varying posture
of your affairs, and sought for Catholic Emancipation, with an
activity and energy proportioned to the great object of our pursuit.
I do, therefore, entreat your attention, whilst I unravel the spider-
web of sophistry with which the learned gentleman has this day
sought to embarrass and disfigure your cause.
" His discourse was divided into three principal heads. First, he
charged the Catholic prelates with indiscretion. Secondly, he charged
them with error. And lastly, he charged the Catholics with bigotry ;
and with the zeal and anxiety of an hired advocate, he gratuitously
vindicated the intolerance of our oppressors. I beg your patience,
whilst I follow the learned gentleman through this threefold an-ange-
ment of his subject. I shall, however, invert the order of his arrange-
ment, and begin with his third topic.
" His argument, iu support of the intolerants, runs thus. First,
he alleges that the Catholics are attached to their religion with a
bigoted zeal. I admit the zeal, but I utterly deny the bigotry. He
DANIEL O CONNELL, ESQ., M.P. 341
seems to think I overcharge his statement ; perhaps I do ; but I feel
confident that, in substance, this accusation amounted to a direct
charge of bigotry. Well, having charged the Catholics with a
bigoted attachment to their church, and having truly stated our re-
pugnance to any interference on the part of the secretaries of the
Castle with our prelates, he pi'oceeded to insist that those feelings on
our part justified the apprehensions of the Protestants. The Catho-
lics (said Mr. Bellew) are alarmed for their church ; why should not
the Protestants be alarmed also for theirs ? The Catholic (said he)
desires safety for his religion ; why should not the Protestant require
security for his ? When you, Catholics, express your anxiety for the
purity of your faith (adds the learned advocate), you demonstrate the
necessity thei-e is for the Protestant to be vigilant for the preservation
of his belief; and hence, Mr. Bellew concludes, that it is quite natural,
and quite justifiable in the Liverpools and Eldous of the Cabinet, to
invent and insist upon guards and securities, vetoes, and double
vetoes, boards of control, and commissions for loyalty.
" Before I reply to this attack upon us, and vindication of our
enemies, let me observe, that, however groundless the learned gen-
tleman may be in argument, his friends at the Castle will, at least,
have the benefit of boasting, that such assertions have been made by
a Catholic, at the Catholic board.
" And, now, see how futile and unfounded his reasoning is : he
says, that our dislike to the proposed commission justifies the suspicion
in which the plan of such commission originated ; that our anxiety
for the preservation of our church vindicates those who deem the
proposed arrangement necessary for the protection of theirs — a mode
of reasoning perfectly true, and perfectly applicable, if we sought
any interference with, or control over, the Protestant church. If
we desired to form any board or commission to control or to regulate
the appointment of their bishops, deans, archdeacons, rectors, or
curates ; if we asked or required that a single Catholic should be
consulted upon the management of the Protestant Church, or of its
revenues or privileges ; then, indeed, would the learned gentleman be
right in his argument, and then would he have, by our example,
vindicated our enemies.
" But the fact does not bear him out ; for we do not seek, nor
desire, nor would we accept of, any kind of interference with the
Protestant Church. We disclaim and disavow any kind of control
over it. We ask not, nor would we allow, any Catholic authority
over the mode of appointment of their clergy. Nay, we are quite
342 MEMOIR AND SPEECHES OF
content to be excluded for ever from even advising his Majesty, with
respect to any matter relating to or concerning the Protestant Church
— its rights, its properties, or its privileges. I will, for my own
part, go much further ; and, I do declare, most solemnly, that I
would feel and express equal, if not stronger, repugnance to the in-
terference of a Catholic with the Protestant Church, than that I
have expressed and do feel to any Protestant interference with ours.
In opposing their interference with us, I content myself with the
mere war of words. But if the case wei'e reversed — if the Catholic
sought this control over the religion of the Protestant, the Protestant
should command my heart, my tongue, my arm, in opposition to so
unjust and insulting a measure. So help me God! I would in that
case not only feel for the Protestant and speak for him, but I would
fight for him, and cheerfully sacrifice my life in the defence of the
great principle for which I have ever contended — the principle of
universal and complete I'eligious liberty. (Loud and repeated cheers.)
" Then, can any thing be more absurd and untenable than the
argument of the learned gentleman, when you see it stript of the
false colouring he has given it _? It is absurd to say, that merely
because the Catholic desires to keep his religion free, the Protestant
is thereby justified in seeking to enslave it. Reverse the position,
and see whether the learned gentleman will adopt or enforce it. The
Protestant desires to preserve his religion free ; would that justify
the Catholic in any attempt to enslave it ? I will take the learned
advocate of intolerance to the bigoted court of Spain or Portugal,
and ask him, would he, in the supposed case, insist that the Catholic
was j ustifiable. No, my lord, he will not venture to assert that the
Catholic would be so ; and 1 boldly tell him, that, in such a case, the
Protestant would be unquestionably right, the Catholic, certainly,
an insolent bigot. (Hear, hear.)
" But the learned gentleman has invited me to a discussion of the
question of securities, and I cheerfully follow him. And I do, my
lord, assert, that the Catholic is warranted in the most scrupulous
land timid jealousy of any English, for I will not call it Protestant,
(for it is political, and not, in truth, religious) interference with his
chui'ch. And I will also assert, and am ready to prove, that the
English have no solid or rational pretext for requiring any of those
guards, absurdly called securities, over us or our religion.
" My lord, the Irish Catholics never, never broke their faith —
they never violated their plighted promise to the English. I appeal
to history for the truth of iny asswrtion. My lord, the English
DANIEL O'CONNELL, ESQ., M.P. 343
never, never observed their faith with us — they never performed
their plighted promise ; the history of the last six hundred years
proves the accuracy of my assertion. I will leave the older periods,
and fix myself at the Revolution. More than 120 years have
elapsed since the treaty of Limerick ; that treaty has been honour-
ably and faithfully performed by the Irish Catholics ; it has been
foully, disgracefully, and directly violated by the English. (Hear,
hear, hear.) English oaths and solemn engagements bound them
to its performance ; it remains still of force and unperformed ; and
the ruifian yell of English treachery which accompanied its first
violation, has, it seems, been repeated even in the senate house at
the last repetition of the violation of that treaty. They rejoiced and
they shouted at the perjuries of their ancestors — at their own want
of good faith or common sense.
" Nay, are there not present men who can tell us, of their own
knowledge, of another instance of English treachery ? Was not the
assent of many of the Catholics to the fatal — oh ! the fatal measure
of the Union, purchased by the express and written promise of
Catholic Emancipation, made from authority by Lord Cornwallis,
and confirmed by the prime minister, Mr. Pitt ? And has that
promise been performed ? or has Irish credulity afforded only
another instance of English faithlessness ? Now, my lord, I ask this
assembly whether they can confide in English promises ? I say
nothing of the solemn pledges of individuals. Can you confide in the
more than punic faith of your hereditary task-masters ? or shall
we be accused of our scrupulous jealousy, when we reject, with
ndignation, the contamination of English control over our church ?
" But, said their learned advocate (Mr. Bellew), they have a right
to demand, because they stand in need of securities. I deny the
right — I deny the need. There is not any such right — there exists no
such necessity. What security have they had for the century that
has elapsed since the violation of the treaty of Limerick ? What
security have they had during these years of oppression and barba-
rous and bloody legislation ? What security have they had whilst
the hereditary claim of the house of Stuart remained ? And,
surely, all the right that hereditary descent could give was vested in
that family. Let me not be misunderstood. I admit they had no
right ; I admit that their right was taken away by the people. I
freely admit that, on the contrary, the people have the clear right to
cashier base and profligate princes. (Hear, hear.) What security
had the English from our bishops when England was invaded, and
344 MEMOIR AND SPEECHES OF
that the unfortunate but a;allant Prince Charles advanced into the
heart of England, guided by valoui", and accompanied by a handful
of brave men, who had, under his command, obtained more than one
victory ? He was a man likely to excite and to gratify Irish enthu-
siasm ; he was chivalrous and bi'ave ; he was a man of honour, and a
gentleman ; no violator of his word ; he spent not his time in mak-
ing his soldiers ridiculous, with horse-tails and white feathers ; he
did not consume his mornings in tasting curious drams, and evenings
in gallanting old women. What security had the English then ?
What security had they against our bishops or our laity, when Ame-
rica nobly flung off the yoke that had become too heavy to be borne,
and sought her independence at the risk of her being ? What
security had they then ? I will tell you, my lord. Their security
at all those periods was perfect and complete, because it existed in
the conscientious allegiance of the Catholics ; it consisted in the duty
of allegiance which the Irish Catholics have ever held, and will, I
trust, ever hold sacred ; it consisted in the conscientious submission
to legitimate authority, however oppressive, which our bishops have
always preached, and our laity have always practised. (Cheers.)
" And now, my lord, they have the additional security of our oaths,
of our ever-inviolated oaths of allegiance ; and if they had emanci-
pated us, they would have had the additional security of our gratitude
and of our personal and immediate interests. We have gone through
persecution and sorrow ; we have experienced oppression and afliic-
tion, and yet we have continued faithful. How absurd to think that
additional security could be necessary to guard against conciliation
and kindness !
" But it is not bigotry that requires those concessions ; they were
not invented by mere intolerance. The English do not dislike us as
Catholics — they simply hate us as Irish ; they exhaust their blood
and treasure for the papists of Spain ; they have long observed and
cherished a close and affectionate alliance with the ignorant and
bigoted papists of Portugal ; and now they exert every sinew to pre-
serve those papists from the horrors of a foreign yoke. They emanci-
pated the French papists in Canada, and a German papist is allowed
to rise to the first rank in his profession — the army ; he can com-
mand not only Irish but even English Protestants. Let us, there-
fore, be just ; there is no such horror of popery in England as is
supposed ; they have a great dislike to Irish papists ; but separate
the qualities — put the filthy whiskers and foreign visage of a German
on the animal, and the papist is entitled to high favour from the just
DANIEL O'CONNELL, ESQ., M.P. 345
and discriminating English. We fight their battles ; we beat their
enemies ; we pay their taxes, and we are degraded, oppressed, and
insulted — (loud applause), whilst the Spanish, the Portuguese, the
French, and the German papists are courted, cherished, and pro-
moted.
" I revert now to the learned gentleman's accusation of the bishops.
He has accused them of error in doctrine and of indiscretion in prac-
tice. He tells us that he is council to the college of Maynooth, and,
in that capacity, he seems to arrogate to himself much theological and
legal knowledge. I concede the law, but I deny the divinity ; neither
can I admit the accuracy of the eulogium which he has pronounced
on that institution, with its mongrel board of control — half papist and
half Protestant. I was, indeed, at a loss to account for the strange
want of talent — for the silence of Irish genius which has been re-
marked within the college. I now see it easily explained. The in-
cubus of jealous and rival intolerance sits upon its walls, and genius,
and taste, and talent fly from the sad dormitory, where sleeps the spirit
of dulness. I have heard, indeed, of their Crawleys and these con-
verts, but where, or when, will that college produce a Magee or a
Sandes, a M'Donnell or a Griffin ? When will the warm heart of
Irish genius exhibit in Maynooth such bright examples of worth and
talent as those men disclose ? It is true, that the bigot may rule in
Trinity College ; the highest station in it may be the reward of writ-
ing an extremely bigoted and more foolish pamphlet ; but still there
is no conflicting principle of hostile jealousy in his rulers ; and,
therefore, Irish genius does not slumber there, nor is it smothered as
at Maynooth.
" The accusation of error brought against the bishops by the
learned gentleman, is sustained simply upon his opinion and authority.
The matter stands thus : — at the one side, we have the most rev.
and right rev. the Catholic prelates of Ireland, who assert that
there is schism in the proposed arrangement ; on the other side, we
have the very rev. the counsel for the college of Maynooth, who
asserts that there is no schism in that arrangement. These are the
conflicting authorities. The rev. prelates assert the one ; he the
counsellor, asserts the other ; and, as we have not leisure to ex-
amine the point here doctrinally, we are reduced to the sad dilemma
of choosing between the prelates and the lawyer. (Laughter and
cheers.) There may be a want of taste in the choice which I make,
but I confess I cannot but prefer the bishops. I shall, therefore, say
with them, there would be schism in the arrangement, and deny the
346 MEMOIR AND SPEECHES OF
assertion of the rev. counsel, that it would not be schism. But sup-
pose his reverence, the counsel for Maynooth, was right, and the
bishops wrong, and that in the new arrangement there would be no
schism, I then say, there would be worse ; there would be corruption,
and profligacy, and subserviency to the Castle in it, and its degrading
effects would soon extend themselves to every rank and class of the
Catholics.
" I now come to the second charge which the learned gentleman, in
his capacity of counsel to the college of Maynooth, has brought
against the bishops. It consists of the high crime of ' indiscretion.'
They were indiscreet, said he, in coming forward so soon and so
boldly. What, when they found that a plan had been formed which
they knew to be schismatic and degrading — when they found that
this plan was matured, and printed, and brought into parliament, and
embodied in a bill, and read twice in the House of Commons, without
any consultation with, and, as it were, in contempt of the Catholics
of Ireland — shall it be said, that it was either premature or indis-
creet, solemnly and loudly to protest against such plan ! If it were
indiscreet, it was an indiscretion which I love and admire — a neces-
sary indiscretion, unless perhaps, the learned counsel for Maynooth
may imagine that the proper time would not arrive for this protest
until the bill had actually passed, and all protest should be unavailing.
" No, my lord, I cannot admire this thing called Catholic discretion,
which would manage our affairs in secret, and declare our opinions,
when it was too late to give them any importance. Catholic discre-
tion may be of value at the Castle ; a Catholic secret may be carried,
to be discounted there for prompt payment. The learned gentleman
may also tell us the price that Catholic discretion bears at the Castle,
whether it be worth a place, a peerage, or a pension. (Loud
cheering.) But, if it have value and a price for individuals, it is of
no worth to the Catholic people. I reject and abjure it as applicable
to public officers. Our opinions ought to be formed deliberately, but
they should be announced manfully and distinctly. We should be
despicable, and deserve to continue in slavery, if we could equivocate
or disguise our sentiments on those subjects of vital importance ; and
I call upon you to thank the Catholic prelates, precisely because they
had not the learned gentleman's quality of discretion, and that they
had the real and genuine discretion, which made them publish reso-
lutions consistent with their exalted rank and reverend character, and
most consonant to the wishes and views of the Catholic people of
Ireland. (Hear, hear.)
DANIEL O'CONNELL, ESQ., M.P. 347
" I now draw to a close, and I conjure you not to come to any
division. Let the amendment be withdrawn by my learned friend,
and let our approbation of our amiable and excellent, our dignified
and independent prelates, be, as it ought to be, unanimous. We want
unanimity ; we require to combine in the constitutional pursuit of
Catholic Emancipation ; every class and rank of the Catholics — the pre-
late and the peer, the country gentleman and the farmer, the peasant
and his priest ; our career is to begin again ; let our watchword be
unanimity, and our object be plain and undisguised, as it has been,
namely, simple Repeal. (Loud applause.) Let us not involve or em-
barrass ourselves with vetoes, and arrangements, and securities, and
guards, and pretexts of divisions, and all the implements for ministe-
rial corruption, and Castle dominion ; let our cry be simple Repeal.
(Applause,)
" It is well — it is very well that the late bill has been i-ejected. I
rejoice that it has been scouted. Our sapient friends at Cork called
it a ' Charter of Emancipation.' You, my lord, called it so ; but,
with much respect, you and they are greatly mistaken. In truth, it
was no charter at all, nor like a charter ; and it would not have
emancipated. This charter of emancipation was no charter ; and
would give no emancipation. As a plain, prose-like expression, it
was unsupported ; and, as a figure and fiction, it made very bad
poetry. No, my lord, the bill would have insulted your religion, and
done almost nothing for your liberties ; it would have done nothing
at all for the people — (loud and repeated cries of hear, hear) ; it
would send a few of our discreet Catholics, with their Castle-discre-
tion, into the House of Commons, but it would not have enabled
Catholic peers in Ireland to vote for the representative peers ; and
thus the blunder arose, because those friends, who, I am told, took so
much trouble for you, examined the act of Union only, and did not
take the trouble of examining the act regulating the mode of voting
for the representative peers. (Loud cries of hear, hear.)
" The bill would have done nothing for the Catholic bar, save
the paltry dignity of silk gowns; and it would have actually deprived
that bar of the places of assistant-barrister, which, as the law stands,
they may enjoy. It would have done nothing in corporations — lite-
rally nothing at all ; and when I pressed this on Mr. Plunket, and
pointed out to him the obstacles to corporate rights, in a conference
with which, since his return to Ireland, he honoured me, he
informed me — and informed me, of course, truly — that the reason
why the corporations could not be further opened, or even the Bank
348 MEMOIR AND SPEECHES OF
of Ireland mentioned, was, because the Englisli would not listen to
any violation of chartered rights ; and this bill, my lord — this ineffi-
cient, useless, and insulting bill — must be dignified with the appella-
tion of a ' Charter of Emancipation.' I do most respectfully entreat,
my lord, tliat the expression may be well considered before it is used
again.
"And now let me entreat, let me conjure the meeting to banish
every angry emotion, every sensation of rivalship or opposition ; let
us recollect that we owe this vote to the unimpeached character of
our worthy prelates. Even our enemies respect them ; and, in the
fury of religious and political calumny, the breath even of hostile and
polemical slander has not reached them. Shall Catholics, then, be
found to express, or even to imply censure ?
" Recollect, too, that your country requires your unanimous sup-
port. Poor, degraded, and fallen Ireland ! has you, and, I may almost
say, you alone to cheer and sustain her. Her friends have been luke-
warm and faint-hearted ; her enemies are vigilant, active, yelling, and
insulting. In the name of your country, I call on you not to divide,
but to consecrate your unanimous efforts to her support, till bigotry
shall be put to flight, and oppression banished this land for ever.
(Hear, hear, and loud cheering.)"
In despite of this adjuration, Counsellors Hussey and
Bellew, and their friends and followers, persevered in the
amendment, and pressed for a division, which accordingly took
place, with the following result : —
MAJORITY.
Lord Ffrench, Thomas Morgan, Esq.,
Hon. C. Ffrench, Edward Butler, Esq.,
Sir Thomas Esmonde, Bart., J. Fegan, Esq.,
Counsellor Nicholas Purcell O'Gor- P. Butler, Esq.,
man, John Burke, Esq.,
Charles Teeling, Esq., M.D., Henry O'Hara, Esq.,
John Weldon, Esq., James Lalor, Esq.,
Edward Hay, Esq., Ross, P. Dowell, Esq.,
William Barron, Esq., Nicholas Markey, Esq.
Richard O'Gorman, Esq., Pierce Coleman, Esq.,
Bernard Coyle, Esq., Richard O'Brien, Esq.,
R. Frayne, Esq., James Hughes, Esq.,
Patrick Delany, Esq., Edward Cox, Esq.,
J. Barr}'. Esq., James Sugrue, Esq.,
DANIEL () CONNELL, ESQ., M.P.
349
J. OTerrall, Esq.,
B. Murphy, Esq.,
M. Grainger, Esq.,
P. Carolan, Esq.,
Nicholas Mahon, Esq.,
J. O'Farrel, Esq.,
J. M'Laughlin, Esq.,
P. Shannon, Esq.,
William Powell, Esq.,
P. M'Manus, Esq.,
James Murphy, Esq.,
J. M'Gucken, Esq.,
J. P. Doyle, Esq.,
C. Taylor, Esq.,
P. Graham, Esq.,
M. Arthur, Esq.,
Michael Jospeh O'Kelly, Esq.,
J. E. Byrne, Esq.,
Counsellor Macarthy,
Counsellor William Francis Finn,
Thomas Clooney, Esq. {General
Cloonexi),
Edward Blacker, Esq.,
John Byrne Esq.,
Sylvester Costigan, Esq.,
Francis Coleman, Esq.,
James Lalor, Esq., county Kerry,
Edward O'Callaghan, Esq.,
T. Dromgoole, Esq., M.D.,
John Rooney, Esq.,
W. H. Thunder, Esq.,
B. Fitzhenry, Esq.,
N. Sweeny, Esq.
Tellers for the noes (viz., the above majority against the amendment, and,
therefore, in favour of Mr. O'Connell's original resolution),
George Bryan, Esq.,
Counsellor O'Connell.
The list of the minority was as follows : —
Sir Edward Bellew, Bart. ,
Edward Corballis, Esq.,
Henry Chester, Esq.,
Charles Smith, Esq.,
John Taaffe, Esq.,
J. Johnson, Esq.,
Peter Coleman, Esq.,
W. G. Baggott, Esq.,
R. Caddell, Esq.,
G. Goold, Esq.,
John Galway, Esq.,
James Bulger, Esq.,
Robert Archbold, Esq.,
N. Mansfield, Esq.,
Malachy Donnellan, Esq.,
Connell O'Connell (Clare), Esq.,
Counsellor O'Regan,
Counsellor Breen.
Tellers for the ayes (viz., the minority, supporting the amendment),
Counsellor Bellew,
Counsellor Hussey.
The numbers, therefore, were, respectively : —
For Mr. O'Connell's motion, -
For Mr. Hussey's motion,
59 and 2 tellers = 61
18 and 2 tellers = 20
Majority with Mr. O'Connell,
41
At the time that Counsellor Bellew made the speech on
which Mr. O'Connell commented with such just severity, he
was actually in the receipt oi tico pensions from the goceriinient ;
350 MEMOIR AND SPEECHES OF
and within a fortnight after the delivery of that speech he
received a third pension from the same source !
The personal allusions, therefore, in Mr. O'Connell's answer
to him will be seen not to have been unmerited, nor unjustifiably
severe.
The history of these degrading acquisitions is brief and full
of interest. It reveals one additional disgusting chapter in the
overcrowded volume of the dark doings of English governments
in Ireland. In touching upon it, we must repeat, in part, some
former observations.
In 1792-3, the Irish parliament, exclusive, restricted, and
corrupted (corrupted by England) as it was, yet showed so much
of the kindness of Irish nature, as to pass its fourth act, within
nineteen years, of relief to the Irish Catholics.
This measure, amongst other privileges, admitted Catholics
to the elective franchise, that of the municipalities, and to the
legal profession.
The only remaining deprivation of importance, was the very
important one of exclusion from parliament. On this a few
passing words are necessary.
We have before contrasted the conduct of the Irish and
English parliaments as to Catholic relief, to the just disadvantage
of the latter legislature. We are quite aware that it may be
said, that although England did delay twenty-nine years, after
she had gotten possession of our representation, to pass the
remaining Act of Relief, yet, that her concession was of
more value and importance than all that had been done before
1800.
To this there are two answers : —
First — That the Irish parliament, having shown such alacrity
when once they did begin to remove disabilities on account of
religion, would, in all human probability, have gone on with
proportionate rapidity, to the last and crowning work of admit-
ting Catholics to the legislature.
Secondly — That the distance was immeasurably greater from
the utter social nonentitjj, if we may be permitted so to use the
word, of the Catholics in 1775 (when ameliorations of their con-
dition were first taken in hand) to their entire social, though
nni political equality, in 1793, than from their position after the
DANIEL O'CONNELL, ESQ., M.P. 351
concessions of the latter year, to their position after concession
of legislative rights.
Not among the least influential of the circumstances which
determined the English government to put an end, at all
hazards, and by any and every means, to the Irish parliament,
was this evident approach to conciliation and national union,
evidenced by the increasing spirit of legislative concession.
The old policy of " divide et impera^'' was in danger, and
itself could only save itself.
Accordingly, every effort was made, and with great success,
to blow up the embers of internal dissensions. Not content
with these means of dissipating the embryo national league,
corruption was lavishly employed, and corruption among the
Catholics themselves. How extensively that corruption was
afterwards executed, and how its operation was afterwards so
fearfully aided by the betrayal and goading of the innocent
people into a wild and driftless insurrection, whose baleful fires
were speedily quenched in seas of their own blood, belongs to
the history of the Union, and not to that of Mr. Bellew, to
whose individual history we have, with an unavoidable and,
indeed, a necessary circuitousness, been approaching.
That gentleman was among the first of his persuasion to
make use of the concession of 1793, opening to them the legal
profession. He, with others in similar circumstances, had
previously been prominent in the " agitation" of those times ;
and government dreading that their habits of public life would
incite them to make use of their new vantage ground of social
equality, to push that agitation with more eftect, resolved to buy
him and them out of it, and accordingly, without cause stated,
or public intimation made, conferred pensions upon some four
or five of the most prominent — choosing those who, from
talent or family connexion, were likely to prove the most
influential.
Mr., or to designate him more properly, the newly created
Counsellor Bellew, received, at this period, a pension of £300
])er annum. Besides his own abilities, he had, as an additional
recommendation for this pension, the influence of the Bellew
family, and of their connexions.
352 MEMOIR AND SPEECHES OF
This, then, was pension number one.
As the wicked schemes of the British minister approached
nearer to their wicked completion in the accm'sed legislative
Union, and the inextinguishable spirit of Irish nationality con-
vulsed the empire with its struggles against serfdom, the
political importance of the Catholics very largely increased,
and the market for the corrupt among them was accordingly
enhanced.
Mr. Counsellor Bellew influenced his family to support the
Union, and exerted himself to the extent of his opportunities in
advancing it.
For this good service he was promised, by Lord Castlereagh,
the chairmanship of a county.
When the accursed Union was accomplished, he made his
claim for the wages of his treason to Ireland. The then
chancellor, however. Lord Redesdale, was too deep-grained a
bigot to suffer a Catholic to obtain any judicial rank he
could impede, no matter what base service might be done
for it.
He, accordingly, decidedly objected to Counsellor Bellew's
appointment, fully recognizing the importance of the treason,
but grudging it its infamous wage.
Lord Castlereagh as decidedly declared that Mr. Bellew
should have what had been promised him. " The Union pro-
mises MUST, at all hazards, he kept" was the declaration of the
conscientious and justice-loving lord !
But, as if by accident, there dropped from him a saving
suggestion, that, perhaps, Mr. Bellew would prefer a pleasant
sinecure of £300 per annum for life, to the labours and
troubles of a county chairman's seat, with its salary, only while
able to do duty, of £400 a year, exclusive of fees.
Counsellor Bellew sagely preferred the certain and enduring
sinecure, the more readily as it enabled him to pursue, uninter-
rupted, the profitable business of which he was in the enjoy-
ment, in the conveyancing branch of his profession.
This, then, was pension the second, equally unknown as the
first to the general public.
Pension the third — amounting, however, to only tico hundred a
DANIEL OCONNELL, ESQ., M.P. 353
year — a diminution, doubtless, felt by hira as an unmerited
grievance, was, as we have said, granted him after his speech
against the bishops in 1813.
Neither was the grant of this last pension known, until some
six or seven years later, when, on perusal of the first parlia-
mentary return, relative to the pension-list, that the economists
in the House of Commons at last got the government to accede
to, Mr. O'Connell found Mr. Bellew's name set down for the
amount stated, with a date so very near his recollection of the
debate we have last given, that he referred back to the papers
of that time to see how the fact stood, and found that the said
pension had been granted to Mr. Bellew exactly the day fortniyht
after the speech in question.
It may appear hard against the memory of a long deceased
man to mention these matters now ; but the secret corruption
of men taking a prominent part in public ajSairs is of far too grave
a cast of criminality in itself and in its consequences, not to be
exposed and denounced for the purposes of deterring from
imitation, and warning from blind confidence.
The interests — nay, the very existence of a nation, are far
too deeply involved in thus publicly proclaiming treason of by-
gone, as well as (where discernable) of present times, to allow
milder considerations to prevail. It would, in fact, be criminal
tceakness so to do, in a work having, in any degree, however
imperfect, the character of an historic record.
While giving the abstract of Mr. Bellew's anti-hishop,
and, indeed, anti- Catholic speech, we have commented upon
the unworthy and audacious spirit that pervaded it — a
spirit which, if adopted by the Catholics of Ireland, either
then or now, could not fail to eventuate in rendering Ire-
land the howling desert in morality and religion, which
was the condition of France for many years after her first
revolution.
The great leading, saving, and binding principle of the
Catholic church is authority. Weaken that by insidious
sapping, or open attack, and the whole fabric of the church goes
with it. Men ridiculed, taunted, tempted by licence to the
2 A
354 MEMOIR AND SPEECHES OF
passions, or rudely startled out of their ancient and traditional
predilections, in matters of a religious nature, do not easily
relish and adopt any other.
Of all nations perhaps the Irish have shown themselves the
least likely to be so converted. Still man is frail ; and though
conversion to another form of worship be impossible, disturbance
of religious feeling, a,nd consequent disturbance of the foun-
dations of morality, might not be equally impossible. Once
sow dissension between the Irish people and those religious
ministers to whom they have shown themselves so devotedly
attached, and whom they so unaiFectedly reverence — once
weaken, if you can, that affection and that reverence, and the
very ardour and impetuosity of the Irish character would
widen irremediably the breach so made, and sweep away, in a
torrent, all the barriers of the passions.
But this neither can be done, nor shall be done. Mr.
O'Connell stopped the fell attempt, when made in 1813, with
all the advantages to the enemy of the disheartened and dis-
united condition of the people. Again he has, within the last
year and a half, checked the first manifestations of its renewal ;
and his efforts have been so responded to by the united people,
that, under Providence, he may be confident of even more
triumphant success than before.
We shall have again and again to return to these topics, and
shall, therefore, proceed now with what remains unrecorded of
Mr. O'Connell's efforts, at what may well be called the Catholic
crisis of 1813.
We re-commence with the occasion when the Catholic Arch-
bishop of Dublin, Doctor Troy, gave answer to the reference
made to him by Sir Edward Bellew, at the meeting of the 29 th
May.
On this occasion Sir Thomas Esmonde was in the chair.
The proceedings commenced with a letter, read by the secre-
tary, from James Byrne, Esq., secretary to the Kilkenny
Catholic Board, enclosing a resolution from the latter body,
which will prove that the " Kilkenny boys" were true to Ireland
then as now.
DANIEL O'CONNELL, ESQ., M.P. ^55
" Resolved— That from the recent conduct of James Bulger, Esq., in sup-
porting an amendment, proposed by Counsellor Bellew, at the Catholic board,
on Saturday, the 29th ultimo, which, in our idea, conveyed censure upon our
venerable prelates, we deem it expedient to suspend our confidence in him
until our sentiments shall be further expressed."
The name of the gentleman thus censured, by what might
have been called his constituency^ will be seen in the list we
have already given of Counsellor Bellew's supporters in the
division of the 29th May.
Mr. Finn (William Francis), who was the acting secretary
of the day, " observed, on reading this document, that he
had merely complied with his duty, as acting secretary. He
had consulted some of the members of the board on the pro-
priety of reading it, and was informed that his doing so was
not only his duty, but strictly conformable to former pre-
cedents."
After some other business, Mr. Peter Bodkin Hussey, origi-
nator of the defeated amendment of the 29th May, rose . . .
" to address a few words respecting the misrepresentations
which had gone abroad of his conduct at the last meeting of the
board, in reference to the vote of thanks to the Catholic
bishops."
*' He paid too high a respect to public opinion to follow the
example of others, who had thought proper to absent themselves
in disgust, from further attendance at the board.
" It had been stated, generally, that those who voted in the
minority, on the resolution alluded to, had desired to pass a
vote of censure upon the Catholic bishops. Than this as-
sertion, nothing could be more false or unfounded. It had
been stated also, that those who voted in that minority, had
voted in approbation of the Castle policy. This also was a
gross falsehood," &c., &c.
" Mr. O'Connell rose and said, that he had that day re-
ceived a letter from the Most Rev. Dr. Troy, which he begged
leave to read to the meeting, without trespassing upon their
time by making either a speech or a motion."
" • My Dear Sir, "• Cavendish-row, Dublin, June 4, 1813.
" ' The newspapers, in reporting the proceedings of the Catholic Board, on
Saturday last, state, (from the speeches of two most respectable members
356 MEMOIR AND SPEECHES OF
thereof,) that I had acquiesced in Mr. Canning's clauses, and declared Lord
Castlereagh's amendments inadmissible, . . . and that reference had been
made to me by those gentlemen for the truth of their asssertioa.
' ' ' Thus called upon, I feel it a duty I owe to the Board, to the Catholics of
Ireland, and to myself, to state fairly the humble part that I took in the
occurrences respecting this most important subject.
" ' I was honoured with a letter of the 2nd April, from a noble lord, com-
municating manuscript heads of Mr. Grattan's bill, and of Mr. Canning's
projets of intended clauses. In my reply to his lordship of the I2th, after
consultation with the parish priests of the city, I deprecated any lay inter-
ference, not authorised by the church, in the appointment of our bishops ; and
particularly objected to the proposed inquisitorial, close, absolute, and summary
commissions or boards of five lay persons, however respiectable from rank
and character, without responsibility, as an imperium in imperio, and a kind of
lay eldership unknown in our church government.
" ' On the Sunday before Lord Fingal's departure for England, I observed to
his lordship, that the exclusion of the bishops from the proposed commission
was insulting to our clergy, as intimating a suspicion or doubt, if not an
affirmation, of their disloyalty ; and gave him a short, hasty-written memo-
randum to this effect, of which I have not a copy.
" ' On the 7th ultimo, I received a note from Mr. Canning of the 3rd, stating,
that he had fowarded his printed clauses by the same post. I replied on the
7th that I had not got them, and on the 8th acknowledged the receipt of them.
The project respecting the two commissions was altered in the printed clauses,
by the insertion of four additional commissioners, the Lord Chancellor, the
Cliief Secretary, and of two Archbishops ; and proposing, that one of the three
composing the quorum, should be a Protestant.
" ' When acknowledging the receipt of the printed clauses, I remarked to
Mr. Canning, "that the inquisitorial commissions, proposed to be established,
had occasioned much uneasiness, and excited alarm among the Roman Catholic
clergy and laity of Ireland, particularly the former ; that I had objected to
them, of even composed only of prelates, and protested against them in the
name of my brethren in my communications with Lord , and declared that,
if ever admitted, they should be respectively composed of a majority of prelates ;
or at least of an equal number of peers and prelates ; that no change or altera-
tion in our present discipline, respecting the appointment of bishops, could
take place, without the concurrence and sanction of the Pope, who is now
inaccessible ; and, that for further particulars on the subject, I begged leave to
refer him to my letter to the noble lord."
" ' To this letter Mr. Canning replied on the 12th, and remarked, "that his
communication of the clauses he intended to move, in addition to Mr. Grattan's
bill, was made as a matter of courtesy, and not for the purpose of consultation ;
that it was always his principle, that parliament should decide, not that
Roman Catholics should dictate the terms of any act to be passed for their
benefit ; that on this principle he must decline taking upon himself to announce
what I called a protest against the clauses intended to be proposed in the com-
mittee, the language of protest not being, in his opinion, the language to be
addressed to parliament."
DANIEL O'CONNELL, ESQ., M.P. 357
" ' In my reply to Mr. Canning of tlie 15th, I briefly assured him, *' that in
using the word protest, I did not intend any disrespect or dictation to parlia-
ment, or to himself; and that if my brethren should deem it expedient to
approach parliament, they would do it respectfully, and in the language of
petition."
" ' Two members of the board had called on me on the 8th, to know whether
I had corresponded with Mr. Canning or other framers of the bill, or had
assented to the clauses, as Mr. Hay had written to Mr Finn, " that the bill
would not pass without them ; that they had been altered and modified in
consequence of communications from me, and that the intended committee (he
should have said commission) had been so altered as to be only a species of
egistry."
" ' I assured tha gentlemen that I had had no communication whatever with
any one of the committee preparing the bill, previously to the 3rd, the date of
Mr. Hay's letter ; and that so far from assenting to the clauses, I had protested
against the commissions in a letter to a noble lord ; and that I considered them
as vetoes' oi the worst kind. This was roported to the board on the same day by
both gentlemen.
" ' As his lordship's correspondence with me was confidential, I wrote to him
on that evening, expressing my great surprise at Mr. Hay's having seen it, and
my equal alarm at his stating that I had assented to the clauses.
" ' It is true, I suggested some amendment in them to his lordship ; but, ex-
cepting those regarding the words spiritual and ecclesiastical, they were not
adopted. The proposed accession of two Protestant personages and two Catholic
Archbishops in the commission, was an alteration ; I did not consider it an
amendment. I must refer you to a copy of his lordship's reply, dated the I2th,
which, at his own particular desire, was communicated.
' * ' It appears from the endorsement, that the bill, incorporating the altered
clauses, and Lord Castlereagh's proposed amendment, was ordered to be printed
on the 19th ult. I received it under Mr. Canning's frank, without a line
from himself, on the 2.5th, the day on which our prelates assembled here.
They observed, with extreme regret, that the objectionable jjarts of Mr. Can-
ning's projects and clauses were retained in the bill, and aggravated by a double
Veto.
" ' I had entertained a different expectation, and in my letter of the 20th,
to the noble lord, expressed my hope that the bill would be freed from all un-
necessary and revolting provisions, and the complex machinery of securities
be simplified, and made to stand upon one comprehensive oath, without
burthening it with either of the proposed commissions — but Diisaliter visum.
' ' ' From this detailed statement of the part I took concerning the bill, it is
evident that I uniformly objected to the principle of the two commissions pro-
posed in Mr. Canning's projects and clauses.
" 'In some conversations on the subject with an honourable and worthy
baronet, I urged the expediency and necessity of constituting prelates members
of any admissible board, in the extreme case that it would be insisted on as a
sine qua non of Catholic Emancipation ; and assured him, that our prelates
were disposed to conciliate and concede everything they could, with the safety
of religion, under the sanrtion of ihe Pope. From this, my admission, of pre-
358 MEMOIR AND SPEECHES OF
lates to compose a board, he misconceived that I had assented to the boards or
commissions in Mr. Canning's clauses. On the bill itself, including these
clauses and the double Vetoes, I had no material conversation with him.
" ' Neither had I, at any time, a conversation on the subject with my
learned friend, the baronet's brother, from whom, I presume, he had received
information of my correspondence with a noble lord, and consequently argued
respecting my conduct, as the baronet did, from misconception, which has led
both into an incorrect statement of it.
" ' But admitting that I had, in hasty conversation with the baronet, ex-
pressed myself doubtfully, or even favourable to the proposed board and clauses,
my brethren were not committed by any thing I might have said, or could
say, nor precluded from deliberating in common, and deciding as they have
done.
" ' I cannot decline this occasion, to remark on the learned gentleman's
assimilating, in some degree, the members of a mixed inquisitorial commission
to the board of trustees of Maynooth College, who are seventeen in number,
all Catholics, and of whom eleven are prelates. The college is not of divine
institution, but established by regal and parliamentary authority, and is
governed by human laws and regulations, according with the discipline of the
Catholic church. Catholic bishops, agreeably to the present long established
discipline, derive their mission from the supreme pastor and governor of tlie
church, the bishop of Eome, and not from any lay authority whatsoever, which
cannot, except by privilege from the church, interfere in their election or
appointment. The visitors of Maynooth College are seven, including a
Catholic peer and two prelates, and are prohibited by law from interfering
with the doctrine or discipline of the Catholic church.
" 'The proposed absolute inquisitorial commission would introduce schism,
by separating bishops from the head pastor, and eventually undermine the
Irish ICatholic hierarchy. Such a prospect must, surely, fill the mind of
every good Catholic with consternation and dismay. Wisliing you every
happiness,
" * I have the honour to be, my dear Sir,
'• ' Your faithful humble servant,
" 'J. T. TEOY.
" 'D. O'Connell, Esq
" ' P. S. — I should have distinctly remarked, that any commission tending to
limit the spiritual jurisdiction of the Pope, without his own consent, would be,
on Catholic principles, inadmissible ; and that by the hints I had the honour to
suggest to a noble lord, I wished merely to render the clauses as little penal,
injurious, and oppressive, as possible.'"
This letter having been read and listened to without note or
comment, Mr. O'Connell presently afterwards proceeded to
address the meeting upon what was denominated
DANIEL O'CONNELL, ESQ., M.P. 359
" TIIE REGENT'S PLEDGE.
" He said, he rose to make the motion of which he had given notice
on Saturday last, relative to the recorded opinion of his Royal High-
ness the Prince Regent, upon the subject of the Catholic claims.
" It was a duty which he felt imposed on him by the present
posture of Catholic atfairs, to place beyond the reach of controversy,
present or futui'e, the various motives which had encouraged the
Catholics of Ireland to persevere in pressing their wants on the con-
sideration of parliament. Desirous to obtain Emancipation through
the legitimate channels of the constitution, and I would not accept it
through any other, I wish to demonstrate to the world, that we have
had, and still ought to retain, the highest possible personal encourage-
ment to persevere in the demand of our rights — to show that those
rights have been distinctly and unequivocally, deliberately and
repeatedly recognized by the very first personage in the state.
" This is one great object of my present motion. There is another,
and one of some personal and national interest. I wish to justify to
the world the enthusiastic effusions of affection with which the first
approach to power of his Royal Highness the Prince Regent was
greeted by so humble an individual as myself — effusions which were
congenial to the sentiments, as they were freely adopted by the
deliberate assent of the people of Ireland. I desire to prove, that we
were not actuated by the mere delusion of loyalty, nor by expec-
tations of royal patriotism, originating in our own warmth of hope
or created by the fertility of our own fancy. Our hopes may have
been delusive, but they were not irrational.
" Allegiance to the sovereign has been long the pride and boast of
the Catholic people of Ireland — an allegiance not created by personal
kindness, but sustained by a rigid sense of duty. The Catholics
were loyal to the ill-fated and oppressive House of Stuart. Even
amidst the crimes of that unfortunate family, and towards the Irish
they were very criminal — even amidst the crimes and oppressions of
that family, the Irish continued faithful ; and, in the season of their
distress, when the Stuarts deprived themselves of all other friends
the Irish Catholics served them with a zeal and a bravery propor-
tioned only to the wants of their former oppressors. Allegiance,
then, perhaps, ceased to be a duty, and was certainly imprudent ; but
the -Irish heart was not cold or calculating, and it cheerfully spilled
its dearest blood in the protection of those very princes, who, in the
360 MEMOIR AND SPEECHES OF
hour of their prosperity, had insulted and plundered them. Carried
too far, it was a mistaken and an absurd principle of action ; but the
spring has not lost all its elasticity, and what our fathers had been,
the Catholics of the present day were inclined to be.
" The Prince of Wales certainly appeared to j ustify this over-
weening propensity to loyalty, and had been brought up in the school
of the most manly and honest statesman of the age — Charles James
Fox — a man who inherited so much of fervor of liberty, that it
glowed in his heart amidst the chilling scenes of parliamentary
profligacy, and was never extinguished, even by the cold damps of
ministerial corruption. The Prince had been long dear to Ireland.
When upon his Majesty's first illness in 1788, Mr. Pitt, that greatest
curse that ever pi'ovidence, in its wrath, had inflicted to England —
when Mr. Pitt, in 1788, resolved to alter the constitution, and, in
point of fact, disinherited the Prince of his due succession to the regal
power, he was applauded by the corrupt tribe of borough-mongers,
whose applause he paid for with the public money, and he was sup-
ported by, what was then called, the monied interest, with whom he
had bartered and sold his country. Mr. Pitt accomplished his purpose
in England, and bequeathed his example as no unproductive legacy
to the late pious Perceval.
" But the Irish parliament judged more rightly ; there were
borough-mongers in it in abundance. There were corrupt and bribed
men in it ; but there was an Irish heart in that parliament, that more
than once triumphed over all the influence of the minister, and over
all the powers of corruption. The Irish parliament decided — and
decided justly — that, as upon the personal demise of the King, the
regal authority would belong, of unquestionable right, to the Prince ;
so, upon the political and moral decease of the reigning sovereign —
for loss of reason is surely moral and political decease — the authority
of the crown ought, by the closest and clearest analogy, belong to the
same prince.
" In the one case, George the Third was, for any of the purposes
of the constitution, as much dead as in the other ; and the commen-
surate consequences ought to have followed in one case as in the
other. It was thus the parliament of Ireland determined ; and the
Irish people, with one voice, confirmed that decision.
" Who can forget the answers of his Royal Highness — who can
forget how he talked of ' his affection and gratitude to the generous
people of Ireland ?' — how he promised to devote his life ' to the pre-
DANIEL O'CONNELL, ESQ., M.P. 361
servation of their liberties — to the establishment of their hap-
piness ?
" When, after a silence of more than twelve years, the Catholic
question was revived and brought befoi-e parliament in 1805, we had
the meanness (pardon me the expression, it is extorted by truth) to
apply to Mr. Pitt to present our petition. Mr. Pitt, whose written
pledge in favour of Catholic emancipation, was in our hands — Mr.
Pitt, ever consistent in abandoning any principle that might injure
his interests, refused to interfere on our behalf, or to perform his
promise.
How different was the conduct of Mr. Fox. He well knew that
by assisting us, he would increase the number of his enemies in
England, and the difficulty of his attaining power. But he did not
hesitate to become our advocate ; he presented the petition and sup-
ported it by one of those powerful bursts of eloquence, the effects of
which upon the English mind, still operate in our favour. At that
period, Mr. Fox was the intimate — the particular friend of the
Prince. It required little power of association to combine the
wishes of the one with the sentiments of the other. And although
the Prince did not attend the House of Peers, when our question
was debated — though he neither spoke in the house, nor voted for
us, yet his opinions were not concealed.
" Shortly after that debate, a letter was written, by the late Earl of
Kenmare, to a gentleman still in this town, stating the substance of
a communication made to him by the Prince of Wales on the subject
of our claims, in which the Prince most distinctly recognized the
justice and the expediency of concession to us ; excused himself for
yielding to the obvious motives of delicacy, which prevented him at
that period from taking any public part on our behalf, but added the
solemn declaration of his determination to forward our relief so soon
as he might have it in his power constitutionally to do so. Such,
Mr. Chairman, was the substance of the Prince's pledge, as stated in
the letter of the Earl of Kenmare. It contained a request, that the
gentleman to whom it was written (a Catholic barrister of family
and fortune, and of eminence in his profession,) should show it to
many of the Catholic noblemen and gentlemen in Ireland, so as to
give it as much publicity as possible, without inserting it in the
newspapers.
" And, here, I beg leave to correct an error into which I was led
on this subject by the perusal of Lord Kenmare's letter. I certainly
362 MEMOIR AND SPEECHES OF
did understand his lordship to have stated, that the Prince's
sentiments were communicated in writing, and were transmitted to
the noble earl, by Colonel M'Mahon, at Cheltenham. How I
could have been mistaken I know not, but it is quite certain that
I was under a mistake ; for, having at a public meeting asserted
the existence of such written pledge in the hands of Lord Kenmare,
his lordship wrote to me shortly after to say, that he had no written
pledge from the Prince — that the declaration made to him by his
Royal Highness was not in writing, but was merely verbal. I did
then press upon his lordship to allow me to put before the public, in
an authentic shape, the particulars of such verbal declaration, and
declared, if he would do so, my readiness to contradict the existence
of the pledge in writing. But I could not succeed in obtaining from
him the publication under his direct sanction, of the precise nature
and of the particulars of a communication in which millions are in-
terested.
" Since that period the noble lord is no more. Witli his virtues,
his secret, if I may so call it, is buried. Nothing remains of it but
the fading recollection of persons who have heard the language of the
Prince only from the report of the noble earl. There lives, how-
ever, another noble earl, and long may he live for Ireland — the Earl
of Fingal (hear, hear,) to whom a similar communication was made
by the Prince of Wales. It was not made in any confidence, but ex-
pressly for the purpose of being circulated amongst the people of
Ireland, and to serve as a soothing balm to assuage the fever of a
disappointment created by a rejection of their petition. This debla-
ration of his Royal Highness to the Earl of Fingal contained the
same assertion of his having been prevented by motives of delicacy
and respect from giving us public support, and of his conviction of
the justice of our claims, and his determination to assist, when-
ever he might be able to afibrd constitutional assistance.
" I am enabled to be thus minute, because the particulars of his
communication have been preserved with an accuracy suitable to their
importance. The Earl of Fingal, who is placed at the head of the
Catholics of Ireland, much more by the unfading lustre of his virtues,
than by his exalted rank and ancient honours — Lord Fingal, on the
very day of his communication, put the particulars upon paper ; and
as Lord Clifden, and the late Lord Petre, were pi*esent at the con-
versation, the paper was shown to them on the same day, and they
declared the perfect accuracy of its contents. This it is that I am
DANIEL O'CONNELL, ESQ., M.P. 363
desirous should come before the public, and remain for ever as an
authentic document of the free and unbiassed opinion and judgment
of his Royal Highness the Prince of Wales in our favour.
" I repeat, that no delicacy is violated by the disclosure of this fact ;
it was communicated to me without any circumstance betokening
confidence. I heard it from the noble earl in Fitzpatrick's shop ;
there were three or four others present — one of whom was my
respected friend Captain Bryan ; and, indeed, from its nature, it
could not have been intended for any secrecy.
" But this was not the only authentic proof we had of the senti-
ments of his Royal Highness ; there are several gentlemen present,
to whom a similar pledge from the Prince was communicated, by his
Grace the Duke of Bedford, whilst he was Lord Lieutenant in this
country. Indeed, I understand that nothing could be more distinct
than the promises held out in that respect by the Duke of Bedford ;
and there can be no doubt that his Grace did not so promise without
the express authority of his Royal Highness. With these sure grounds
of hope — with a reliance upon the honour and integrity of the Prince —
with all the confidence inspired by his declaration, that power was
a trust for the people, the Catholics of Ireland viewed his acces-
sion to power with the most ardent, the most affectionate demonstra-
tions of loyalty.
" That loyalty does, and will ever remain unshaken ; but subse-
quent events have damped the ardour of our affections, and turned
into the cold observances of duty, those feelings of enthusiastic
attachment with which we were prepared to support a prince who
should rule for the good of the people. If those feelings had been
encouraged — if their growth had been fostered, what a different
scene would Ireland at this day present ! Instead of detaining an
army in her barracks, her entire population, her instinctively martial
population, would have furnished ten armies for the public service,
and the tranquillity of the land would be secured by an unarmed
police constable. Would to God I could contribute to produce such
a state of the public mind ! But, if we cannot revive those hopes,
let us, at least, leave the grounds upon which they stood as an imper-
ishable record of our right to freedom. Our children will, in addition
to the arguments in favour of their liberty, be able to adduce the
authority of, first, nearly a majority of the House of Lords ; secondly,
of repeated majorities in the House of Commons ; and thirdly, of
his Royal Highness the Prince Regent.
364 MEMOIR AND SPEECHES OF
" Besides, the authentication of this pledge may serve as a check
upon the favourites and ministers of his Royal Highness. With the
knowledge of the existence of these pledges, that pious and very
exemplary character. Lord Yarmouth, may cease to infuse scruples
into the mind of the Prince. Nothing can be more admirable than
Lord Yarmouth's zeal for the Protestant religion ; he is an ornament
to the Protestant church, and it is certainly a consolation to the
people of Ireland to be able to attribute their suiFerings to the
hallowed source of that noble lord's piety. But he will not, zealot
though he be, he will not advise his royal master to leave those his
solemn pledges unredeemed ; neither will any minister attempt to
advise the Prince to violate his word, or to enter into an unconstitu-
tional and unbecoming canvass against us, or to hold out promotion
in the army as a reward for betraying our rights ; neither will any
prime minister of the Regent dare to suggest the holding up of any
office, such, for example, as that lately held by Lord Ormonde, to
auction, to ascertain who could bid most parliamentary interest
against the Catholics, as the price of such a place.
"Nothing of that kind can occur to the mind of a minister
who beholds how solemnly his Royal Highness has promised
to us his countenance and protection. I think, therefore, you
will not hesitate to accede to my motion. My object is, that it
should be carried into effect in the manner most respectful to the
Earl of Fingal ; I feel for that noble lord the most profound respect.
The Irish people owe him, and they cherish for him, the most un-
bounded gratitude. I shall deeply regret if my motion gives him
one unpleasant sensation ; I think it is not calculated, as it certainly
is not intended to do so. And should his lordship think that this is
not the moment to give to the public the document in question, I
shall respect the delicacy that may suggest a decision, which in itself
I would consider unfavourable to the just hopes of the Catholics.
" Mr. O'ConneU concluded by moving : —
" ' That the secretary be directed to write to the Earl of Fingal, in the most
respectful manner, to request of him to communicate to the board the contents
of the paper, containing the declaration of his Royal Highness the Prince of
Wales on the Catholic claims, made to his Lordship, in the presence of Viscount
Clifden and Lord Petre.'
" Major Bryan boi*e testimony to the accuracy of Mr. O'ConneU
in the statement he had made relative to Lord Fingal. He (Major
Bryan) had been present, as was also Sir Francis Goold, when the
/•
DANIEL O'CONNELL, ESQ., M.P. 365
noble earl related the entire circumstances of the declaration of the
Regent.
" Mr. Bagot said he was happy that the result of the learned
gentleman's oration was such as to save him the trouble of going
over the numerous topics he had introduced, and to render it only-
necessary for him to give a short opinion upon the expediency of his
motion, as it respected the personal feelings of Lord Fingal. And
as it regarded his lordship's private sentiment, he had no hesitation
in avowing, that it met with his most decided disapprobation. He
knew Lord Fingal would not consent to the request that was about
to be made to him — nay, he had authority for avowing the fact.
" Why should he then be placed in an invidious and disagreeable
position ?
" Mr. Bagot (in tlie woi'ds of the report we quote — viz., the Dublin
Evening Post) concluded a very dignified and animated speech, by
deprecating a warfare with the first magistrate of these realms, who
could do service, and might do injury. Some gentlemen seemed to
consider such a warfare extremely useful in promoting the success of
the cause of Ireland. ........
*' Mr. O'Connell said he had but one word to reply to that
assertion of Mr. Bagot's, which attributed to the violence and disre-
spectful conduct of the Catholics, the opposition they had had to
encounter from a certain quarter. That gentleman was strangely
mistaken. It was surprising how he could be so very much mistaken.
It was long before the resolutions he alluded to, that the opposition
to the Catholics commenced.
" Nay, long before those resolutions, and while the Catholics were
in the midst of their praises of the Regent, and full of their hopes from
him, while they were calling his Royal Highness their early friend —
their best and proudest hope — it was then, even then, in the fuU tide
of their warm affections, that they had been met by a state prosecu-
tion— that they were handed over to the Attorney-General, and to the
Duke of Richmond, and to Lord Manners, that their delegates were
arrested, and their meetings dispersed !
" It was at that period of confidence and affection that the com-
mon police justices were sent to arrest the noble earl at their
head !
" The resolutions to which Mr. Bagot had alluded were ?iot the
causes of the opposition to us ; they were, on the contrary, the conse-
quences of that very opposition. They followed as the effect of that
366 MEMOIR AND SPEECHES OF
opposition ; they did not precede nor create it. It was after the
prosecution against us had commenced, long after, that we publicly
mourned the ' unworthy witchery' which had, with magic touch,
blasted our fervent hopes, and blighted our fairest projects!
" It would seem, too, that Mr. Bagot threatens us with the aliena-
tion of the mind of his Royal Highness from us and from our cause.
He forgets that -the Prince is of a very forgiving disposition. Before
he attained power, his royal brother, the Duke of Cumberland, gave
him, it is said, no great cause for ardent affection. They were sup-
posed to be upon no very good terms, yet he has become, and most
deservedly, a prime favourite, so that, although that royal duke is
valiantly serving his country, and putting down the French, one is
surprised he can be spared at home ! (Cheers and laughtei'.)
" Again, was there ever so decided an enemy to the Prince as the
man whom he selected as his first and favourite prime minister, the
God-like Perceval ? "What is it, too, that has attached him to Lord
Yarmouth ? But I need not press the subject. Can it be otherwise
than clear that his Royal Highness is not actuated by mere low and
selfish motives ? He has neither predilection nor resentments !
" Mr. Bagot made a brief reply, chiefly in explanation, and the
board then divided : —
"For Mr. O'Connell's motion (that Lord Fingal should be written
to respecting the written account of the Eegent's declaration to
him in favour of the Catholics) .... 36
Against the motion . . . . . . .6
Majority in favour ...... 30
*' Major Bryan then moved, pursuant to notice : —
" ' That the Right Honourable the Earl of Donoughmore be requested to
present the Catholic petition, which had been some time since handed to him,
forthwith, to the House of Lords.'
" Mr. Hussey suggested some preliminary communication with his
lordship. Some difiiculty might arise as to the precisely proper
course of preferring the application to the House of Lords.
" He did not, however, press his opposition.
" Mr. O'Connell said that the motion had his hearty concurrence,
and he rose merely to express the full confidence of the Irish people,
in the Earl of Donoughmore. In his family, the Catholics had found
DANIEL O'CONNELL, ESQ., M.P. 3G7
their first and their best advocates — their sincerest friends. That
noble earl would support their cause, as the cause of a great people
ought to be suppoi-ted. He would rest it upon the basis of right and
justice, and give to every class of Dissenters the benefit of the prin-
ciple for which the Catholics contended — the principle of universal
liberty of conscience.
" Lord Donoughmore would enter into no compromises unbecoming
so great a principle. He would not seek to buy over one enemy by
bartering for his vote part of our liberties ; nor would he seek to
purchase another enemy by discounting with him part of our religion.
The Catholics could confide in the Earl of Donoughmore; in his
talents, his integrity, his manliness, and his devotion to his country,
they must repose unlimited confidence. It was in the expression of
that confidence, aqd of their gratitude, that they might fail, because
language was inadequate to expi-ess the fulness of the Irish heart,
towards that friend who had never been even mistaken in his advo-
cacy of their cause.
" It was deeply to be regretted that our other friends did not imitate
that noble lord. It was deeply to be deplored that they had so widely
mistaken the proper course. No man could be absurd enough to
doubt for one moment the sincerity or the pure patriotism of Grattan.
But it was the misfortune of Ireland that his eye, rolling in the fine
frenzy of poetic eloquence, was so filled with its own light as to be
quite insufiicient for the minute details of practical drudgery. No
man admires Mr. Grattan more — few admire him so much as I do ;
and I respect, with bitter sorrow, the errors of his judgment — his
heart was never wrong.
" I may (said Mr. O'Connell,) be calumniated for speaking the
truth to you ; but I owe it to ray country to express — to express with
great respect for our friends — to express my entire disapprobation of
the manner in which they have lately conducted our cause. They
imagined, perhaps, that they showed impartiality in their scorn of
our assistance ; or, perhaps, they still entertain — justly perhaps — the
notion, that there is in Protestant intellect a natural and moral supe-
riority over that of papists, at least of Irish papists, which cannot be
surrendered !
" But see what the facts are, Mr. Grattan, I understand, took over
with him to England a draft of a bill for our relief, drawn in Dublin,
last winter, by, I believe, Mr. Wallace, Mr. Burton, and Mr. Bur-
roughs. Not a single Catholic — lay or ecclesiastical — merchant,
368 MEMOIR AND SPEECHES OF
lawyer, or priest was consulted upon it. Surely we are not quite so
dull as not to know what have served us ; but, no — not one Catholic
was consulted. This bill arrived in England, but there, I have heard,
was altogether abandoned, and a new bill got up by some worthy
English gentleman, who would, I presimie, feel something like an
insult, if it were suggested to him that we could assist him. Our
delegates were in London ; they were never consulted ; they almost
obtruded their advice; they were received with courtesy, but all
confidence was withheld from them. Well, this bill is at last pro-
duced, and' it turns out to be just what our enemies could have
wished. It is narrow and limited in principle, or rather, it asserts
no principle. It is slovenly and untechnical in its language. It is
inoperative as to any substantial relief. It is introduced, to be sure,
with all the pride, pomp, and circumstance of eloquence, more than
human ; but the very person who introduced it was only the first
victim to its delusion.
" There never lived a man less capable of practising any deception
than Mr. Grattan ; but the very generosity and nobleness of his mind
exposes him to the delusions of others. In the meantime an attempt
is made to stifle the sentiment of the board. "We were to have been
silenced, lest we should disturb the course of this further relief ; and,
in the interval, a secret agency was known to be on foot in many
quarters amongst us. They thought of sharing the spoils before they
could be certain of the victory. Silence was the order of the day ;
and Mr. Grattan was left in his error, because some amongst us
conceived they had an interest in carrying any bill. I have even seen
a letter from a whig baronet, in parliament, in which he suggested
the whiggish idea of forming a party in the board in favour of this
bill. Part of that letter was published in the newspapers ; but this
patriotic idea was suppressed : at length, however, our dissatisfaction
began to appear ; spite of every restraint, it burst forth ; and to close
the curious history of this further relief bill, the Right Hon. Mr,
Plunkett came over, with the assent and approbation of my Lord
Viscount Castlereagh, to reconcile all parties to this bill !
" Strange mission ! What ! to reconcile the Catholics to a bill for
their relief ! What ! to entreat of the Catholics to be emancipated ?
He came over to reconcile every body — he reconciled no body ; and,
in the meantime, this bill met the fate it deserved, and all Ireland
rejoiced in its extinction.
" I do, therefore, solemnly protest against the course that has been
DANTEL O'CONNELL, ESQ., M.V. 369
adopted upon this occasion. Grattan, the patriot — G rattan needs but
to be informed of your wishes to comply with them. Surely Canning,
though a powerful framer of jests, is not the Catholic cause ; nor is
Castlereagh, though a speeching man, the representative of the Irish
sentiment. Let us, of all things, get rid of secret negotiation : our
friends are deceived, constantly deceived, by private information.
Let us, also, take care to disentangle our cause from the jobbing of
the English Catholics ; they have j ust thought fit to signalize their
Elnglish magnanimity, by sacrificing to their enemies the first of their
bishops ; and they have humanely attempted to bring the grey head
of that venerable prelate in sori-ow and disgrace to his grave. They
remind one of a band of negro slaves, who, upon the promise of a
half holiday, celebrate their joy, by crushing with their chains some
unfortunate fellow-slave who presumed to think that black was as
good as white, and that colour was no justification of slavery !
" "Well, be it so. They have censured the agent of our bishops ;
but, in recompense, they have thanked Lord Castlereagh ! Did they
never hear that the Irish people were scourged, and picketted, and
tortured ? Did they never hear that the lash smacked, and the shriek
resounded, and the cry of agony was heard, and the yell of the tortured
rent the air, and that this full chorus was music to the ear of Lord
Castlereagh ! Yes, they did hear it all ; and therefore it was that
these English thanked my Lord Castlereagh, and censured their
prelate.
" This is a subject I will beg leave to bring again before the board.
We owe it to Ireland to preclude the possibility of any interference
of any English Catholic with our cause. We owe it mainly to one
of them that we are still unemancipated. Let me be pardoned for
thus ti'espassing on your time. I need not, in conclusion, say, that
the motion of my respected friend has my entire approbation.
" The resolution was then put from the chair, and carried
unanimously.
" Major Bryan, wishing that the resolution should be conveyed
to Earl Donoughmore in the most respectful manner possible,
moved —
•' ' That the chairman, Sir Thomas Esmonde, be requested to transmit the
same.'
" This being seconded, was carried unanimously.
" Mr. O'Connell gave notice of a motion of thanks to the General
2 B
370 MEMOIR AND SPEECHES OF
Assembly of the Church of Scotland for its recognition, at its late
meeting, of the freedom of conscience.
" Mr. O'Connell gave notice of a motion of thanks to the Right
Rev. Dr. Milner, and the meeting adjourned."
His allusion to the conduct of the English Catholics towards
"the first of their bishops — the agent of the Irish bishop," —
referred to the manner in which they had treated the celebrated
Dr. Milner, Vicar- Apostolic of the midland district in England,
a prelate to whom the foregoing expressions strictly applied.
Throughout all the Catholic agitation — but eminently during
the " Veto " and " Securities' " discussions of the earlier years
of this century — the English Catholics manifested a sad spirit of
compromise, not only in matters political, but in those of an
ecclesiastical and religious nature.
Prominent amongst the advocates of compromise was the late
Charles Butler, of Lincoln's- Inn, whose abilities and high legal
acquirements rendered him the more dangerous in the unworthy
course he and his fellow- Catholics of England were pursuing.
Dr. Milner, from the prompting of his own clear head and
right heart, and also from the representations of the Irish
Catholic Bishops, whose agent he was, put himself strongly in
opposition to Mr. Butler and his party at several periods of the
" Veto " and " Securities' " discussions, but particularly at the
juncture to which our Memoir has reached.
All that is further necessary to be known preparatory to the
motion of thanks to the Right Rev. Prelate, of which Mr.
O'Connell gave notice at the last meeting we have quoted from,
can be gathered from the following extracts from the news-
papers : —
" At a numerous meeting of the General Board of British Ca-
tholics, assembled at the Earl of Shrewsbury's, in Stanhope-street, on
Saturday, May, 29, 1813,
" The Earl of Shrewsbury in the chaii' —
• * It was resolved
[Here follow two long, wordy resolutions, thanking the origi-
DANIEL O'CONNELL, ESQ., M.P. 371
nators and supporters of the recently-rejected Catholic bill in
the Commons, and expressing confidence in the good intentions
of the Legislature.]
"3. Resolved — ' That a paper entitled, " A Brief Memorial on the Catholic
Bill," and signed John Milner, D.D., having been distributed to members of
the House of Commons, during the discussion of the bill brought forward for
the removal of the civil and military disqualifications under which his Majesty's
Roman Catholic subjects now labour, and containing assertions derogatory to
the honour and the loyalty of the Roman Catholic laity, and inferring con-
sequences from the bill, if carried into execution — not warranted by \tfi proposed
enactments, and highly injurious to the political integrity and wisdom of the
framers and supporters of the bill (!) and directly opposite to their declared in-
tentions, as stated in the preamble to the bill, this board feel themselves called
upon to publish the following resolution, passed by them in May, 1810, viz. :
" ' That we do not consider ourselves as implicated in, or in any way
responsible for, the political opinions, conduct, or writings, of the Right Rev.
Doctor Milner, Vicar Apostolic of the Midland District,' &c., &c.
" Resolved further — ' That Charles Butler, Esq., is entitled to the thanks of
the General Board of British Catholics, for his great exertions in support of
the Catholic cause ; and that the charge made by the Right Reverend Doctor
Milner against him, is a gross calumny. (! ! !)
" ' That, under the present circumstances, it is highly expedient that the
Right Reverend Doctor Milner should cease to be a member of the Private
Board, or Select Committee, appointed by the General Board of British Catho-
lics, on Thursday, May 13, 1813.'
(Signed) "Shrewsbury, Chairman."
It was, indeed, high time that that revered and illustrious
prelate should cease to be a member of a board where, to say
nothing of other delinquencies, Catholics would speak of and
treat a bishop in such a manner !
No wonder that among the sons and descendants of such men,
we should hear that in our own day it is a practice to treat their
chaplains, anointed priests of the Catholic Church, like upper
servants — at best, condescending to allow them to appear in
their drawing-rooms and dining saloons '■^ only" as we knew an
English Catholic of rank once to say, " xohen there is no
company ! ! .'"
Dr. Milner wrote a very powerful reply to these base and
insolent resolutions, protesting against the assumption by the
English Catholic Board that they represented Catholic feeling,
denying the charge of having himself assumed to do more than
speak the sentiments of the Irish bishops, and strongly renewing
his protest against the bill that was the subject of controversy.
372 MEMOIR AND SPEECHES OF
He proved that Mr. Butler (when an act for the relief of the
English Catholics was under discussion, in 1791,) had strongly
exerted himself, fortunately in vain, to support the insertion of
a form of oath for Catholics, in which they should thus describe
themselves : — " I hereby declare myself to be a protest-
ing Catholic Dissenter !"
The Evening Post of the 10th June, 1813, gives the fol-
lowing : —
" Extract of a private letter received at our office this morning,
dated —
" ' London, Monday, June 7.
'"Two English Catholics of rank waited upon his Grace the Duke of
Norfolk, on Saturday last, to inform him of the valorous exploit of their board,
at its meeting of the 29th ultimo, in expelling the venerable Milner from their
room, with shouts of indignity and wrath.
" ' The Duke, who was bred a Catholic, retains his ancient habits of intimacy
with the bishop, and although he renounced Popery for political pursuits, yet
he has not, like vulgar renegades, withdrawn his support from the Catholic
cause. His two noble visitors having detailed to him their honourable triumph
of the 29th May — " Aye, you have done well," observed his grace, with the
keenest irony, " I applaud you for this ; it is just what I ought to wish. You
are following my example. You will soon become good Protestants. I have
been only thirty-jive years beforehand with you. But, after all, let me tell you,
that Doctor Milner is only defending the true old Catholic religion.'^
' ' ' The visitors felt the sting — made their congee, and returned to Stanhope-
treet.' "
On the 12th of June, the meeting of the Catholic Board, at
which Mr. O'Connell was to have moved the vote of thanks to
Dr. Milner, of which he had given notice, the proceedings were
opened with the reading of the answer of the Earl of Donough-
more, to the communication made to him from the board on
Major Bryan's motion.
His answer was unsatisfactory and discouraging ; informing
them, amongst other things, that " their parliamentary friends
had come to the decision of refraining from any agitation of the
Catholic question in the House of Lords during that session."
Nicholas Mahon pressed for a rescinding of Major Bryan's
resolution, in consequence.
Mr. O'Connell protested against it. " If ministers were to
DANIEL O'CONNELL, ESQ., M.P. 373
see that his Lordship could restrain the Catholics from present-
ing petitions, all the inconveniences which these petitions had
brought upon them would be attributed to his Lordship."
He then brought forward one of his notices of motion of that
day for an address to the people.
Some opposition having been made to his proceeding with
that first —
" Mr. O'Connell, however, conceived himself clearly entitled to
move any particular one he chose, as (there being no notices for this
day except those given by himself), he could not interfere with the
convenience of any other gentleman. The first thing on which he
should call the attention of the board, was the address to the people
on the present critical situation of their affairs, of which he had given
notice.
" He knew that anxious and persevering attempts were making
to renew the associations which had been, on some other occasions
before, formed for treasonable purposes. That such efforts were
going forward he was perfectly satisfied ; he had it from au-
thority upon which he could rely, and his object was to guard
his generous, open-hearted, but sometimes inconsiderate countrymen,
from falling victims to the snares which were cautiously and care-
fully set for them by their designing enemies. Every person who
heard him was aware, that plans of the kind had not only been
as heretofore conceived, but had actually, to a certain extent,
proved successful. In the very city of Dublin had the stratagem
been practised. A meeting was organized by a man of the name of
Fisher. He persuaded these poor deluded creatures, that he was
acting with the privity and consent of the Catholic board — that
their secretary, Mr. Hay, had frequent communication with him,
and that they were ready to enter iuto i*ebellion, to seize the
barracks and the Castle. (A laugh.) The Catholic board discovered
the nefarious trick, and, with the prompt sense of duty and loyalty
which always characterised them, communicated the whole to his
Majesty's government. Fisher, however, had contrived to escape,
was never since found, and he was, probably, enjoying the reward of
the treachery, even, perhaps, within his (Mr. O'Connell's) hearing.
" The government had ever been most laudibly persevering in
their efforts to detect the individual who promoted treason, and
374 MEMOIR AND SPEECHES OF
followed even the remotest scent that could lead to his punishment
in every instance but this ; here, however, he could not discover that
praiseworthy activity.
" Again, in Kilkenny, was it not notorious, that daring attempts
had been made, even by official characters, to involve the Catholics
in practices ruinous to their fame and to their lives ? It could not
be forgotten that, in Limerick, a person who was himself a Pro-
testant formed an association of unfortunate dupes, amounting
to eighteen in number, and swore those men to subvert that govern-
ment which was of the religion he professed and disgraced, and to
substitute a Catholic ascendancy in its stead. Yet, in Limerick,
which had in modern times been found to be so invariably attached
to everything Protestant and everything loyal, no magistrate could
be found to act ! At length, compulsion and shame caused this
horrid incendiary to be committed, but he was not detained twenty-
four hours in custody ; and though not less than ten king's counsel
go that circuit, not one of them received instructions to prosecute
him. When he (Mr. Connell) perceived this, he preferred bills of
indictment against the man, when, so disaffected were the famous
Lord Kiltarton's grand jury to his Majesty's government, that they
ignored the bills, although they had the distinct evidence of two
unimpeachable witnesses, that the accused was guilty of treason ! ! !
" Three emissaries were dispatched by the Limerick party into
the county of Kerry to seduce the Catholics there, as twelve of their
brethren had been, on a former occasion, seduced at Cork, under
a promise of taking them to the Continent, and procuring them
twelve generalships in the French army. When they arrived at
Cork, they were delivered up to the mayor. The agents who had
been sent from Limerick to Kerry were too well watched to effect
anything there, but the people could not be too much on their guard.
" The diffei'ent attempts he had mentioned were only a few
branches which had exploded of that mine of treachery which was
secretly working, and against which it was his anxious desire to
provide. He was well informed, that in the counties of Carlow,
Wicklow, Wexford, Kildare, and several others, agents were busy in
endeavouring to form something of the society of United Irishmen,
and that they assured their intended victims that the Catholic boai-d
was false to the allegiance it had sworn. I wish the people to have
the authority of the board itself to say that this was false, and thus
confound the base and seditious plotter. The loyalty of the Catholic
DANIEL O'CONNELL, ESQ., M.P. 375
board was undoubted, and was the true loyalty ; it was not that
species of loyalty which would wish to engross every blessing of
constitution to itself, as the payment due to its obedience, and
exclude every other person, but it was that loyalty which would
support the state and the constitution, by uniting every heart and
hand in the empire in its defence.
'* It was to preserve the people from the slightest violation of the
law, to which it was the objects of those agents to make them fall
victims, that he had prepared his address. While the Catholic
is refused the benefit of that constitution, which is the common birth-
right of every British subject, his opponent is admitted into the society
of princes. Mr. O'Connell concluded by moving his address, and ob-
served, that if it required an alteration or amendment, the plan would
be to refer it to a committee to make the necessary alterations or
amendments. "We shall give it presently as reported fi'om the
committee.
" He declared the address did not include any charge against the
government. It was an inferior agency it had in view. He did not
ask to have the existence of the plans, which his address was in-
tended to render inoperative, taken upon his assertion. That they
had existed, was, he thought, pretty clearly proved by the facts he had
mentioned of what occurred in Dublin, Kilkenny, Limerick, &c. ; and
that they at present existed he was certain, from information he had
received ; but did gentlemen who wished for a committee, think
that such an informing spirit had gone forth among the people, as to
make them come forward and publish the names of the actors ? If
so, they were mistaken.
" Committee formed — Mr. O'ConneU, Chairman ; Mr. Scully,
Major Bryan, Mr. N. P. O'Gorman, Mr. Mahon, Mi*. Finn, and Mr.
M'Donnell.
" MOST KEV. DR. TROY.
" Mr. O'Connell rose to move a resolution of thanks to Archbishop
Troy. The respected prelate had made a lengthened communication
to the board. By this he marked his respect for the body, and
for that purpose only did he make it. It was his sincere wish to
stand weU with the board, and conceiving that the part he had taken
on the recent very delicate occasion requii'ed he should be explicit,
lie had sent the communication merely to aiFord the necessary ex-
planation. Mr. O'Connell said, he thought it unnecesisary after saying
376 MEMOIR AND SPEECHES OF
thus much, to take up any more time, as he was sure there would not
be a conti'adictory voice. He then moved the vote of thanks.
" DOCTOK MILNER.
" Mr. O'Connell said, that he thought it was now too late to pro-
ceed with a motion of so much consequence, as that of which he had
given notice, respecting Doctor Milner. He should, therefore, with-
draw his motion, and enter a fresh notice.
" He had another and a better reason than the lateness of the hour
for postponing it. He would wait to consider further on the shape
in which he would bring it forward. He had heard matter even that
day that made him wish to defer it, and would, perhaps, allow him
to follow a mode of proceeding, which would not cause any division.
(Hear, hear.) That there was a difference of opinion upon the
subject he could easily perceive, but he expected that the considera-
tion of the interval would tend to remove all difficulties, and bring
gentlemen to the desirable unanimity on such a subject."
On the 10th of this month (June, 1813), a dinner was given,
in London, to the Catholic Delegates, by " the Friends of
Religious Liberty."
The Duke of Bedford was in the chair, and was supported
by the Dukes of Kent and Sussex. The London correspondent
of the Post thus described the rest of the attendance —
" Three Dukes, besides those of the blood royal.
Five Marquises,
Nineteen Earls,
Eight Viscounts,
Fifteen Lords,
Sixty members of the Lower House,
And, altogether, nearly 500 persons at dinner."
The Catholic Delegates who were thus honoured, were : —
The Earl of Fingal, Messrs. M. M'Donnell,
Earl of Kenmare, Edward Hay,
Sir Francis Goold, C. Evans,
Owen O'Connor (O'Connor J. Howley, and
Don), V. Bushell.
Mr. John Bourke,
The proceedings were of the usual class of complimentary
DANIEL O'CONNELL, ESQ., M.P. 377
dinners, and therefore need no further description. The Duke
of Sussex and Lord Holland denounced the Orange system with
great violence.
The Catholic Board met on Sunday, the 13th, to arrange the
resolutions for the aggregate meeting of Catholics, which was
appointed for the following Tuesday. Mr. O' Council was not
present.
In his absence. Dr. Dromgoole took up the question about
Dr. Milner, and proposed a resolution of thanks to that prelate,
to be brought forward at the aggregate meeting.
He was warmly supported, and carried his proposition with
their aid, by —
Major Bryan, Dr. Sheridan,
Mr. Scully, Mr. James Lalor,
Mr. Wade, Mr. Mahon,
Mr. M'Laughlin, Mr. Doyle,
Mr. O'Callaghan, Mr. Finn,
Mr. E. O'Callaghan, Mr. Byrne, and
Mr. Kelly, Mr. Bernard Coile.
Mr. Sweeny,
The motion was strongly opposed by Mr. Hussey and the
following gentlemen —
Lord Trimbleston, Mr. Koche,
Mr. Breer, Mr. Kooney,
Mr. Connell O'Connell, Mr. Hughes, and
Mr. Costigan, Mr. James Farrell.
Mr. Kirwan,
Before the aggregate meeting, accounts arrived in town from
Cork and Limerick, conveying strong resolutions from large
assemblages in both those important localities, of respect and
approbation of the conduct of the bishops, and entire coincidence
with the majority in the Catholic Board.
The theatre in Fishamble-street was again the scene of action,
on Tuesday, the 15th of June. Over 4,000 persons were cal-
culated as being present, and the boxes were filled with ladies.
The papers stated that " great numbers of Protestants (English,
Scotch, and American) were present."
Major Bryan in the chair.
378 MEMOIR AND SPEECHES OF
Mr. Finn was chosen secretary to the meeting, and Nicholas
Purcell O' Gorman, Esq., was called upon to report the proceed-
ings of the Catholic Board since June of the year before. This
he accordingly did in considerable detail.
When he had concluded,
" Mr. O'Connell said that he was directed by the late general board
of the Catholics of Ireland to read several resolutions, which the board
respectfully recommended to the adoption of the meeting. The
board did not attempt to dictate to the meeting — it merely suggested
those resolutions, eleven of which obtained its uuanimous approba-
tion ; and it suggested a twelfth, upon which there was, in the
board, a division of sentiment. Mr. O'Connell then read the eleven
first resolutions, which were as follows : —
" Resolved — ' That we do forthwith renew our earnest application, by
petition to the legislature, praying the total and unqualified repeal of the
Penal Statutes, which infringe the sacred rights of religious freedom.
"Resolved — ' That we consider ourselves entitled, upon the broad principle
of right and justice, to the full enjoyment of the constitution, upon equal terms
with our fellow-citizens of other religious persuasions, and, solicitous for the
unrestricted exertion of liberty of conscience to all mankind, we ask no more for
ourselves.
" Resolved — ' That we have viewed, with inexpressible pleasure and admira-
tion, the enlightened exertions of our fellow-citizens of other persuasions in our
behalf that we hope to merit their honourable confidence, by a perseverance
in the same candour, firmness, and temperance, which have already conciliated
their esteem ; and (although we cannot, in sincerity or honour, purchase our
rights by the sacrifices of our religious principles, or by the substitution of one
species of humiliating servitude for another) yet we must cheerfully tender to
their kind acceptance the only equivalent in our power — our warm afiections
and lasting gratitude — our oaths of allegiance, our past merits and forbearance,
our present willingness to assist, whenever permitted, in the arduous enterprise
of saving the sinking vessel of the state.
"Resolved — 'That equal constitutional rights, unconditional, mistipulated,
unpurchased by dishonour, are the objects most dear to our hearts. These
objects consist with virtue, wisdom, humanity, unaffected honour, and true
religion, and can never be abandoned by men who deserve to be free.
" Resolved — ' That, for the complete attainment of these, our constitutional
and salutary objects, we confide in our own persevering firmness, in the grow-
ing liberality and wisdom of our fellow-citizens, and, above all, in that
overruling Providence which presides over the destinies of nations, and
permits not the prolonged oppression of man, by his fellow-creature, with
impunity.
"Resolved — ' That the charge of preparing the said petitions, and of causing
them to be duly presented without delay, be confided to the individuals (com-
posing the confidence of the Catholics of Ireland) who lately constituted the
general board of the Catholics of Ireland.
"Resolved — ' That the said persons are so nominated, not to represent the
DANIEL O'CONNELL, ESQ., M.P. 379
people of these realms, or any portion thereof, but merely for the purpose,
solely and exclusively, already prescribed, and for no other purpose what-
soever.
"Resolved — ' That the said persons be requested to submit to the Catholics
of Ireland, to be assembled in aggregate meeting, on tliis day fortnight, drafts
of petitions for their adoption.
" Resolved — ' That we do strongly recommend it to the inhabitants of the
several counties, cities, towns, and parishes of Ireland, to present separate
addresses to the Crown, and petitions to parhament, praying the total and un-
qualified repeal of all those Penal Statutes, which infringe the sacred rights of
private conscience in religious concerns.'
" The twelfth (continued Mr. O'Connell) is a i-esolution on which,
I am sorry to say, there was some difference of opinion in the boax'd,
but upon which, I am confident, there will be entire unanimity here.
It is a vote of thanks to the Right Rev. Doctor Milner." ....
The Dublin Evening Post, in its report of the proceedings,
says that —
" When Mr. O'Connell adverted to the revered name of the persecuted
Dr. Miluer, he was interrupted by the loudest acclamations we have
ever heard. AU voices were raised to greet this favoured name.
Clapping of hands, beating of feet, &c., &c., were continued and
resumed during several minutes, and at three successive intervals.
" When, afterwards, he came to move the distinct resolution, the
twelfth in order, viz. : —
" Resolved — ' That the warm approbation and gratitude of the Catholics of
Ireland be conveyed to the Right Rev. Dr. Miluer, for his manly, upright, and
conscientious opposition, in conformity with the most rev. and right rev. the
Catholic prelates of Ireland, to the eeclesiastical regulations contained in the
bill lately submitted to parliament, and purporting to be a bill for the further
relief of his Majesty's Roman Catholic subjects,'
" The same thunder of applause was repeated, but with peals of,
if possible, augmented force and renovated energy.
" The whole assembly rose, as if with one impulse. All hats were
taken off, and each spectator waved his hat with the loudest demon-
strations of pleasure. The ladies came forward, and by coui'tesies,
signified their participation in the general feeling.
" In short, an electric sensation was apparently excited, springing
from the reverential sentiment of merited respect for the Irish
prelates, and fo their insulted brother, the Right Rev. Doctor
Milner.
380 MKMOIH AND SPEECHES OF
" The enthusiaiim subsided very slowly, and had not wholly disap-
peared when the assembly broke up."
When Mr. O'Connell was allowed to proceed after the
strikinir demonstration of feeling thus described by the Eveiiinp
Post — a description strictly according to the fact, he read the
remaining resolutions, viz. : —
•* Resolved — ' That we feel it necessary to repeat oxir earnest exhortation to all
Catholic freeholders throughout Ireland, to resrister their freeholds, and steadily
to resist the pretensions of any candidates for their votes, who shall have lent,
or are likely to lend, their support to any administration founded in intolerance,
and hostile to the full enjoyment of religious freedom :
•• Resolved — ' That the expenses unavoidably attendant upon the conduct of
Catholic i>etitions, and the defence of the invaded rights of petitioning,
call for the libenil aid of our fellow-country men ; and we confide in the public
spirit and zeal of the Cathohc body, throughout Ireland, for ample pecuniary
support :" '■
And moved that the entire should be adopted.
" Having thus discharged (said he, in continuation.) the duty
imposed on me by the board, and having come here determined to
address this meeting, I avail myself of this opportunity to solicit your
patience and attention. Let me, in the fii"st place, congratulate you
on the progress which the principle of rehgious liberty has made
since you last met. It has been greatly advanced by a magnificent
discovery lately made by the English in ethics, and upon which I also
beg leave to congratulate you. It is this — several sagacious English-
men have discovered, in the nineteenth century, and more than four
hundred years after the propagation of science was facilitated by the
art of printing — several sagacious Englishmen have made this won-
derful discovery in moral philosophy, that a man is not necessarily a
worse citizen for haviug a conscience, and that a conscientious
adherence to a Christian i-eligion is not an offence deserx-ing of
degradation or punishment. (Hear.)
" The operation, however, of this discovery had its opponents ;
like gravitation and the cow-pock, it has been opposed, and, for the
pre^nt, opposed with success : but the principle has not been resisted.
Yes, our enemies themselves have been forced to concede our right to
emancipation. Duigenan, and Xicholl, and Scott are laughed at —
not listened to ; the principle is admitted — the right of hberty of
conscience is not controverted — your emancipation is certain — it is
DANIEL o'COSNELL, ESQ., M.P. 381
now only a question of terms — it only remains to be seen whether we
shall be emancipated upon their terms or upon ours.
"They offer you emancipation, as Catholics, if you will kindly
consent, in return, to become schismatics. They offer you liberty, as
men, if you agree to become slaves after a new fashion — that is, your
friends and your enemies have declared that you are entitled to
Catholic emancipation and freedom, upon the trifling terms of schism
and servitude I
" Generous enemies ! — bountiful friends '. Yes, in their bounty,
they resemble the debtor who should address his creditor thus : — ' It
is true, I owe you £100; I am perfectly well able to pay you; but
what will you give me, if I hand you 65. 8d- in the poimd of your
just debt, as a final adjustment?' (Hear, hear.) 'Let us allay all
jealousies,' continues the debtor — ' let us put an end to all animosities
I will »ive you one-third of what I owe you, if you will give me
forty shillings in the pound of additional value, and a receipt in fall,
duly stamped, into the bargain.' (Laughter.)
" But why do I treat this serious and melancholy subject with
levity ? TVhy do I jest, when my heart is sore and sad ? Because I
have not patience at this modem cant of securities, and vetoes, and
arrangements, and clauses, and commissions. Securities against
what ? Not against the irritation and dislike which may and natu-
rally ought to result from prolonged oppression and insult. Securities
— not against the consequences of dissensions, distrusts, and animosi-
ties. Securities — not against foreign adversaries. The securities
that are required from us are against the effects of conciKation and
kindness — against the dangers to be apprehended from domestic
union, peace, and cordiality. K they do not emancipate us — if they
leave us aliens and outlaws in our native land — if they continue our
degradation, and all those grievances that, at present, set our passions
at war with our duty ; then, they have no pretext for asking, nor do
they require any securities ; but, should they raise us to the rank of
Irishmen — should they give us an immediate and personal interest in
our native land — should they share with us the blessings of the con-
stitution— should they add to our duty the full tide of our interests
and affection ; then — then, say they, securities will be necessary.
Securities and guards must be adopted. State bridles must be in-
vented, and shackles and manacles must be forged, lest, in the
intoxication of new liberty, we should destroy, only because we have
a greater interest to preserve.
382 MEMOIR AND SPEECHES OF
" And do they — do these security-men deserve to be reasoned
with? I readily admit — I i-eadily proclaim Grattan's purity — his
integrity — his patriotism ; but, in his eagerness to obtain for us that
liberty, for which he has so long and so zealously contended, he has
overlooked the absurdity which those men fall into, who demand
securities against the consequences of emancipation, whilst they look
for no securities against the effects of injustice and contumely.
" Grattan has also overlooked the insult to our understandings
and to our moral feelings which this demand for securities inflicts.
Grattan is mistaken upon this topic ; but he is the only man who is
merely mistaken. The cry for securities has been raised, merely to
retard the progress of emancipation. Canning affects to be our friend,
because, since his conduct to his colleague. Viscount Castlereagh, he
has found it difficult to obtain a niche in any administration. God
preserve us from the friendship of Mr. Canning ! I have no apjjre-
hension of Mr. Canning's enmity : he was our avowed enemy ; that
is, he always voted against us, from the moment he got pension or
place under Pitt, to the time when he was dismissed from office, and
rendered hopeless of regaining it. And, as to Lord Castlereagh, rely
on it, that, though he may consent to change one kind of degradation
for another, he never will consent to your attaining 3'our freedom :
and was it to obtain the vote of Lord Castlereagh that Grattan gave
up our honour and our religion ? Does Grattan forget — does he
forgive the artificer of the union, or the means by which it was
achieved ? Does not Grattan know that Lord Castlereagh first dyed
his country in blood, and then sold her.
" But, I repeat it, I have not patience, common patience with
those men who cry out for securities, and will not see that they would
obtain real security from the generous concession of plain right —
from conciliation and kindness ; all reasoning, all experience proves
that justice to the Catholics ought to be, and has been, in the moments
of distress and peril, the first and best security to the state. I will
not stoop to argue the theory with any man. I will, not condescend
to enter into an abstract reasoning to pi'ove that safety to a govern-
ment ought to result from justice and kindness to the people, but I
will point out the evidence of facts which demonstrate, that concession
to the Irish Catholics has in itself been resorted to, and produced
security to our government — that they have considered and found it
to be a security in itself — a safeguard against the greatest evils and
calamities, and not a cause of danger or apprehension.
DANIEL O'CONNELL, ESQ., M.P. 383
" Ireland, in the connection with England, has but too constantly
shared the fate of the prodigal's dog — I mean no personal allusion —
(a laugh) — she has been kicked in the insolence of prosperity, and
she has borne all the famine and distress of adversity. Ireland has
done more — she has aiforded an abundant source of safety and security
to England in the midst of every adversity ; and at the hour of her
calamity, England has had only to turn to Ireland with the offer of
friendship and cordiality, and she has been rewarded by our cordial
and unremitting succour.
" Trace the history of the penal laws in their leading features, and
you will see the truth of my assertion. The capitulation of Limerick
was signed on the 3rd October, 1691. Our ancestors, by that treaty,
stipulated for, and were promised the perfect freedom of their reli-
gion, and that no other oath should be imposed on Catholics, save
the oath of allegiance. The Irish performed the entire of that treaty
on their part : it remains unperformed, as it certainly is of force, in
point of justice, to this hour, on the pai't of the English. Even in
the reign of William, it was violrited by that prince, whose generals
and judges signed that treaty — by that prince, who himself confirmed
and enrolled it.
" But he was the same prince that signed the order for the horrible,
cold-blooded assassination and massacre of the unfortunate Mac-
donalds, of Glencoe ; and if his violation of the Limerick treaty was
confined to some of the articles, it was only because the alteration in
the succession, and the extreme pressure of foreign afiaii-s, did not
render it prudent nor convenient to ofier further injury and injustice
to the Irish Catholics.
" But the case was altered in the next reign. The power and the
glory, which England acquired by her achievements, under Marl-
borough— the internal strength, arising from the possession of liberty,
enabled her to treat Ireland at her caprice, and she a<;cordingly
poured the full vial of her hatred upon the unfortunate Catholics of
Ireland. England was strong and proud, and, therefore, unjust. The
treaty of Limei'ick was trampled under foot — justice, and humanity,
and conscience were trodden to the earth, and a code of laws inflicted
on the Irish Catholics, which, Montesquieu has well said, ought to
have been wi-itten in blood, and of which you still feel the emaciating
cruelty — a code of laws which still leaves you aliens in the land of
your ancestors. Aliens ! — did I say ? Alas ! you have not the pri-
vileges of alienage ; for the alien can insist upon having six of his
384 MEMOIR AND SPEECHES OF
jury of his own nation, whilst you may have twelve Orangemen on
yours. (Hear, hear.)
" But to return to our own history. The reigns of the First and of
the Second George passed away ; England continued strong ; she
persevered in oppression and injustice ; she was powerful and re-
spected ; she, therefore, disregarded the sufferings of the Irish, and
increased their chains. The Catholics once had the presumption to
draw up a petition ; it was presented to Primate Boulter, then
governing Ireland. He not only rejected it with scorn and without
a reply, but treated the insolence of daring to complain as a crime
and punished it as an offence, by recommending and procuring still
more severe laws against the papists, and the more active execution
of the former statutes.
"But a new era advanced ; the war which George the Second
waged on account of Hanover and America, exhausted the resources,
and lessened, while it displayed, the strength of England. In the
mean time the Duke of Bedford was Lord Lieutenant of Ireland.
The ascendancy mob of Dublin, headed by a Lucas, insulted the
Lord Lieutenant with impunity, and threatened the parliament.
All was riot and confusion within, whilst France had prepared
an army and a fleet for the invasion of Ireland. Serious danger
menaced England. The very connection between the countries was
in danger. The Catholics were, for the first time, thought of with
favour. They were encouraged to address the Lord Lieutenant,
and, for the first time, their address received the courtesy of a reply.
By this slight civility (the more welcome for its novelty) the wai-m
hearts and ready hands of the Irish Catholics were purchased.
The foreign foe was deterred from attempting to invade a country
where he could no longer have found a friend ; the domestic in-
surgents were awed into silence ; the Catholics and the government,
simply by their combination, saved the state from its perils ; and
thus did the Catholics, in a period of danger, and upon the very
first application, and in return for no more than kind words, give,
what we want to give, security to the empire.
"From the year 1759, to the American war, England enjoyed
strength and peace ; the Catholics were forgotten, or recollected
only for the purposes of oppression. England, in her strength and
her insolence, oppressed America ; she persevered in an obstinate
and absurd course of vexation, until America revolted, flew to arras,
conquered, and established her independence and her liberty.
DANIEL O'CONNELL, ESQ., M.P. 385
" Tliis brings us to the second stage of modern Catholic history ;
for England, having been worsted in more than one battle in Ame-
rica, and having gained victories more fatal than many defeats,
America, aided by France, having proclaimed independence, the
English period for liberality and justice arrived, for she was in
distress and difficulty. Distracted at home — baffled and despised
abroad, she was compelled to look to Irish resources, and to seek for
security in Ireland; accordingly, in the year 1778, our Emancipation
commenced ; the Catholics were hired into the active service of the
state by an easy gratuity of a small share of their rights as human
beings, and they in return gave, what we now desire to give, security
to the empire.
" The pressure of foreign evils, however, returned ; Spain and Hol-
land joined with France and America ; success in her contest with the
Colonies became daily more hopeless. The combined fleets swept the
ocean ; the English channel saw their superiority ; the English fleet
abandoned, for a while, the dominion of the sea ; the national debt
terrified and impoverished the country ; distress and difficulty
pressed on every side, and, accordingly, we arrived at the second
stage of Catholic Emancipation: for, in 1782, at such a period as I
have described, a second statute was passed, enlarging the privileges
of the Catholics, and producing, in their gratitude and zeal, that
security which we now tender to the sinking vessel of the state.
" From 1782 to 1792, was a period of tranquillity ; the expenses
of the government were diminished, and her commerce greatly
increased. The loss of America, instead of being an evil, became
an advantage to trade as well as to liberty. England again flourished,
and again forgot us.
" In 1792, the Catholics urged their claims, as they had more
than once done before. But the era was inauspicious to them,
for England was in prosperity. On the Continent, the confederation
of German princes and the assemblage of the French princes, with
their royalist followers, the treaty of Pilnitz, and the army of the
King of Prussia, gave hope of crushing and extinguishing France
and her liberties for ever. At that moment the Catholic petition
was brought before parliament ; it was not even suffered, according
to the course of ordinary courtesy, to lie on the table ; it was
rejected with indignation and with contempt. The head of the
LaTouche family, which has since pi-odaced so many first-rate
Irishmen, then retained that Huguenot hatred for Catholics which
2 c
386 MEMOIR AND SPEECHES OF
is still cherished by Saurin, the Attorney General for Ireland.
La Touche proposed that the petition should be rejected, and it was
rejected by a majority of 200 to only 13.
" Fortune, however, changed. The invasion of the Prussians
was unsuccessful ; the French people worshipping the name, as if it
were the reality of liberty, chased the Duke of Brunswick from their
soil ; the King of Prussia, in the Luttrel style, sold the pass ; the
German princes were confounded, and the French princes scattered ;
Dumourier gained the battle of Jamappe, and conquered the Aus-
trian Netherlands ; the old governments of Europe were struck
with consternation and dismay, and we arrived at the fourth, and
hitherto the last stage of Emancipation ; for, after those events,
in 1793, was passed that act which gave us many valuable political
rights — many important privileges.
" The parliament — the same men who, in 1792, would not suffer
our petition to lie on the table — the men who, in 1792, treated us
with contempt, in the short space of a few months, granted us the
elective franchise. In 1792, we were despised and rejected ; in
1793, we were flattered and favoured. The reason was_obvious ; in
the year 1792, England was safe; in 1793, she wanted security,
and security she found in the emancipation of the Catholics, partial
though it was and limited. The spirit of republican phrensy was
abroad ; the enthusiasm for liberty, even to madness, pervaded the
public mind. The Presbyterians and Dissenters of the North of
Ireland were strongly infected with that mania ; ^ and had not
England wisely and prudently bought all the Catholic nobility and
gentry, and the far greater part of the Catholic people out of the
market of republicanism, that which fortunately was but»a rebellion,
would, most assuredly, have been revolution. The Presbyterians
and Catholics would have united, and, after wading through the
bloody delirium of a sanguinary revolution, we should now, in all
likelihood, have some military adventurer seated on the throne of our
legitimate sovereign.
" But, I repeat it, England judged better ; she was just and kind,
and therefore has she been preserved. She sought for security
where alone it could be found, and she obtained it.
" Thus, in 1 759, England wanted security against the turbulence of
her ascendancy faction in Ireland, and against the fleet and arms of
France ; she was civil and courteous to the Catholics, and the re-
quisite security was the result.
DANIEL O'CONNELL, ESQ., M.P. »^8T
" Thus, in 1778, England wanted security against the etlects of hev
own misconduct and misfortunes in America ; she granted some rights
of property to the Irish Catholics, and the wanted security followed.
" Thus, in 1782, England wanted security against the prodigality
and profligacy of her administration — against the combined navies of
France, Spain, and Holland ; she conceded some further advantages
to the Catholics, and she became safe and secure.
" Thus, in 1795, England wanted security against the probable
consequences of the disasters and treachery of the Prussians — the
defeat of the Austrians, and especially against the revolutionary
epidemic distemper which threatened the vitals of the constitution ;
she conferred on the Catholics some portion of political freedom, and
the Catholics have recompensed her, by affording her subsequent
security.
"And thus has emancipation been in all its stages the effect of the
wants of England, but, at the same time, her resource in those wants.
In her weakness and decay, Emancipation has given her health and
strength ; it was always hitherto a remedy, and not in itself a
disease ; it was, in short, her best protection and security. Away,
then, with those idle, those absurd demands for control and dominion
over our mode of faith.
" Let Grattan learn the sentiments of the Irish people ; let him
know that we are ready to give the security of our properties and
our lives to the state ; but, we will not, we cannot, grant away any
part of our religion. Before the union no vetoes, no arrangements,
no inquisitions over our prelates were required. If our Protestant
fellow-countrymen did not ask them, why should the English suppose
we can grant them to their stupid caprice ? But we are ready to
give them security ; we are ready to secure them from foreign foes,
and against the possibility of domestic dissension.
Yes, the hour of your emancipation is at hand ; you will,
you must be emancipated; not by the operation of any force or
violence, which are unnecessary, and would be illegal on your part,
but by the repetition of your constitutional demands by petition, and
still more by the pressure of circumstances, and the great progress
of events. Yes, your emancipation is certain, because England
wants the asssistance of all her people. The dream of delivering
the Continent from the dominion of Bonaparte has vanished. The
idle romance of German liberty — who ever heard of German liberty!
is now a cheerless vision. The allied Russian and Prussian ai-mies
3S8 MEMOIR AND SPEECHES OF
may, perhaps, escape, but they have little prospect of victory. The
Americans have avenged our outrages on their seamen, by quenching
the meteor blaze of the British naval flag. The war with the world
— England, alone, against the world, is in progress. We shall owe to
her good sense, what ought to be conceded by her generosity ; she
cannot proceed without our aid ; she knows she can command that
aid if she will but be just ; she can, for liberty, to which we are of
right entitled, command the affections and the energies of the bravest
and the finest people in the world !
" Recollect, too, that the financial distress of England accumulates.
She owes, including the Irish debt, near a million of millions. Who
is there so extravagant as to suppose, but that there must arrive a
period at which it will become impossible to borrow money, or to pay
more interest ? Our Irish debt has already exceeded, by nearly two-
thirds, our means. We spend sixteen millions annually, and we
collect, in revenue, about five millions. Our bank puts a paltry
impression on three pennyworth of silver, and calls it tenpence. In
short, with taxes increasing, debts accumulating, revenue diminishing,
trade expiring, paper currency depreciating — who is so very blind
as not to perceive, that England does, and must require, the consoli-
dation of all her people in one common cause, and in one common
interest ?
" The plain path to safety — to security — ^lies before her. Let
Irishmen be restored to their inherent rights, and she may laugh to
scorn the shock of every tempest ; the arrangements which the
abolition of the national debt may require will then be effectuated,
without convulsion or disturbance ; and no foreign foe will dare to
pollute the land of freemen and of brothers. (Hear, hear.)
" They have, however, struck out another resource in England :
they have resolved, it is said, to resort to the protection of Orange
Lodges. That system which has been declared by judges from the
bench to be illegal and criminal, and found by the experience of the
people to be bigoted and bloody — the Orange system, which has
marked its progress in blood, in murder, and in massacre — the Orange
system, which has desolated Ireland, and would have converted her
into a solitude, but for the interposing hand of Cornwallis — the
Orange system, with all its sanguinary horrors, is, they say, to be
adopted in England !
'* Its prominent patrons, we are told, is Lord Kenyon or Lord
Yarmouth ; the first an insane religionist of the Welsh Jumper sect.
DANIEL O'CONNELL, ESQ., M.P. 389
who, bounding in the air, imagines he can laj hold of a limb of the
Deity, like Macbeth, snatching at the aii'-drawn dagger of his fancy !
He would be simply ridiculous, but for the mischievous malignity of
his holy piety, which desires to convert papists from their errors,
thi'ough the instrumentality of daggers of steel. Lord Kenyon may
enjoy his ample sinecures as he pleases, but his folly should not goad
to madness the people of Ireland.
" As to Lord Yarmouth, I need not, indeed I could not, describe
him ; and if I could, I would not disgust myself with the description ;
but if Lord Kenyon or Lord Yarmouth have organized the Orange
system, I boldly proclaim that he must have been bribed by the com-
mon enemy. Bigotry is not a gratuitous propensity. Giffard gets
money for his calumnies and impudence ; so does Duigenan. The
English Orange patrons must be bribed by France ; let them appeal
to their private lives to repel my accusation. Can that man repel it,
whose life is devoted to the accumulation of wealth to be added to
wealth, already excessive and enormous? — who never was suspected
of principle or honour ? — whose finest feelings were always at market
for money ? — who was ready to wed disgrace with a rich dowiy, and
would have espoused infamy with a large portion? If such a wretch
lives, let him become the leader of the Orange banditti. The patron
is worthy of the institution — the institution is suited to the patron !
" You know iuU well that I do not exaggerate the hori-ors which
the Orange system has produced, and must produce, if revived from
authority, in this country. I have, in some of the hireling prints of
London, read, under the guise of opposing the adoption of the Orange
system, the most unfounded praises of the conduct of the Irish
Orangemen. They were called loyal, and worthy, and constitutional.
Let me hold them up in their true light. Tlie first authentic fact in
their history occurs in 1795. It is to be found in the address of
Lord Gosford, to a meeting of the magistrates of the county of
Armagh, convened by his lordship, as governor of that county, on
the 28th of December, 1795. Allow me to read the following pas-
sage fi-om that address : —
" ' Gentlemen — Having requested your attendance here this day, it becomes
my duty to state the grounds upon which I thought it advisable to propose
tills meeting ; and at the same time to submit to your consideration a plan
which occurs to me as most likely to check the enormities that have already
brought disgrace upon this country, and may soon reduce it into deep
distress.
390 MEMOIR AND SPEECHES OF
"' It is no secret that a persecution, accompanied with all the circumstances
of ferocious cruelty, which have in all ages distinguished that dreadful
calamity, is now raging in this country. Neither age nor sex, nor even
acknowledged innocence, as to any guilt in the late disturbances, is sufficient to
excite mercy, much less to afford protection.
" ' The only crime which the wretched objects of this ruthless persecution
are charged with, is a crime, indeed, of easy proof; it is simply a profession of
tlie Roman Catholic faith, or an intimate connection with a person professing
this faith. A lawless banditti have constituted themselves judges of this new
species of delinquency, and the sentence they have denounced is equally
concise and terrible. It is nothing less than a confiscation of all property, and
an immediate banishment. It would be extremely painful, and surely
unnecessary, to detail the horrors that are attendant on the execution of so
rude and tremendous a proscription— one that certainly exceeds in the compa-
rative number of those it consigns to ruin and misery, every example that
ancient and modern history can supply ; for where have we heard, or in what
story of human cruelties have we read, of half the inhabitants of a populous
country deprived, at one blow, of the means as well as the fruits of their
industry, and driven, in the midst of an inclement season, to seek a shelter for
themselves, and their helpless families, where chance may guide them ?
' ' ' This is no exaggerated picture of the horrid scenes that are now acting in
this country.'
" Here is the first fiict in the history of the Orangemen. They
commenced their course by a persecution with every cii'cumstance
of ferocious cruehy. This hiwless banditti, as Lord Gosford called
them, showed no mercy to age, nor sex, nor acknowledged innocence.
And this is not the testimony of a man favourable to the rights of
those persecuted Catholics ; he avows his intolerance in the very
address of which I have read you a part ; and though shocked at
these Orange enormities, he still exults in his hostility to emanci-
pation.
" After this damning fact from the early history of the Orange-
men, who can think with patience on the revival of extension of this
murderous association ? It is not, it ought not, it cannot be endured,
that such an association should be restored to its power of mischief
by abandoned and unprincipled courtiers. But I have got in my
possession a document which demonstrates the vulgar and lowly
origin, as well as the traitorous and profligate purpose of this Orange
society. It has been repeatedly sworn to in judicial proceedings,
that the original oath of an Orangeman was an oath to exterminate the
Catholics. In some years after the society was formed, men of a
higher class of society became members of it, and, being too well
DANIEL O'CONNELL, ESQ., M.P. 391
educated to endure the plain declaration to exterminate, they changed
the form of the oath to its present shape, but carefully retained all
the persecuting spirit of the Armagh exterminators. The document
I allude to, was printed for the use of the Orange lodges ; it was
never intended for any eye but that of the initiated, and I owe it to
something better than chance that I got a copy of it ; it was printed
by "William M'Kenzie, printer to the Grand Orange Lodge, in 1810,
and is entitled ' Rules and Regulations for the use of all Orange
Societies, revised and corrected by a Committee of the Grand Orange
Lodge of Ireland, and adopted by the Grand Orange Lodge, January
10th, 1810.' I can demonstrate from this document that the
Orange is a vulgar, a profligate, and a treasonable association. To
prove it treasonable, I read the following, which is given as the first
of their secret articles : — ' That we will bear true allegiance to his
Majesty, his heirs and successors, so long as he or they support the
Protestant ascendancy.' (Hear, hear.) The meaning is obvious, the
Orangeman will be loyal just so long as he pleases. The traitor puts
a limit to his allegiance, suited to what he shall fancy to be meant by
the words ' Protestant Ascendancy.' If the legislature presumes to
alter the law for the Irish Catholics as it did for the Hanoverian
Catholics, then is the Orangeman clearly discharged from his allegi-
ance, and allowed, at the first convenient opportunity, to raise a civil
war; and this is what is called a loyal association. (Hear, hear.)
Oh ! how ditferent from the unconditional, the ample, the conscien-
tious oath of allegiance of the Irish Catholic. I pass over the
second secret article, as it contains nothing worthy of observation ;
but from the third I shall at once demonstrate what pitiful and
vulgar dogs the original Orangemen were. Mark the third secret
article, I pray you — 'That we will not see a brother offended for
sixpence or one shilling, (A laugh,) or more if convenient, (A laugh,)
which must be returned next meeting if possible.' (Much laughter.)
Such is the third of the secret Orange articles. I presume even
Lonl Yarmouth will go with them the full length of their liberality
of sixpence or one shilling, but further his convenience may prevent
him. The fourth secret article is quite characteristic — ' That we
must not give the first assault to any person whatsoever, that may
bring a brother into trouble' (Laughter.) You perceive the limita-
tion. They are entitled to give the first assault in all cases, but that
in which it may not be quite prudent ; they are restricted from com-
mencing their career of aggression, unless they are, I presume, ten
392 MEMOIR AND SPEECHES OF
to one — unless they are armed and the Catholics disarmed — unless
their superiority in numbers and preparation is marked and manifest.
See the natural alliance of cowardice with cruelty. They are ready
to assault you, when no brother of theirs can be injured ; but if there
be danger of injury to one of their brotherhood, they are bound to
restrain, for that time, their hatred of the Catholics, and to allow
them to pass unattacked. This fourth article proves, better than a
volume, the aggressive spirit of the institution, and accounts for
many a riot, and many a recent murder. (Hear, hear.) The fifth
secret article exhibits the rule of Orangemen, with respect to
robbery. ' 5th. We are not to carry away money, goods, or anything,
from any person whatever, except arms and ammunition, and those
only from an enemy.' The rule allows them to commit felony to this
extent — namely, the arms and ammunition of any Catholic, or
enemy ; and I have heard of a Catholic who was disarmed of some
excellent silver spoons, and a silver cup, by a detachment of this
banditti. Yes, Lord Gosford was right, when he called them a
lawless banditti ; for here is such a regulation as could be framed
only for those whose object was plunder — whose means were murder.
The sixth and seventh secret articles relate to the attendance and
enrolling of members ; but the eighth is of great importance — it is
this : ' 8th secret article. — An Orangeman is to keep a brother's
secrets as his own, unless in case of murder, treason, and perjury, and
that of his own free will.' See what an abundant crop of crimes the
Orangeman is bound to conceal for his brother Orangeman. Killing
a papist may, in his eyes, be no murder, and he might be bound to
conceal that ; but he is certainly bound to conceal all cases of riot,
maiming, wounding, stabbing, theft, robbing, rape, house-breaking,
house-burning, and every other human villainy, save murder,
treason, and perjury. These are the good, the faithful, the loyal
subjects. They may, without provocation or excuse, attack and
assault — give the first assault, mind, when they are certain no brother
can be brought to ti'ouble. They may feloniously and burglariously
break into dwellings, and steal, take, and carry away whatever they
will please to call arms and ammunition. And, if the loyalty of a
brother tempts him to go a little further, and to plunder any other
articles, or to burn the house, or to violate female honour, his
brother spectators of his crime are bound by their oaths to screen it
for ever from detection and justice. (Hear, hear.) I know some
men of better minds have been, in their horror of revolutionary
DANIEL O'CONNELL, ESQ., M.P. 393
fury, seduced into these lodges, or have unthinkingly become mem-
bers of them ; but the spirit, the object, and the consequences
of this murderous and plundering association, are not the lesa
manifest.
" I do not calumniate them ; for I prove the history of their foun-
dation and origin by the unimpeachable testimony of Viscount Gos-
ford, and I prove their principles by their own secret articles, the
genuineness of which no Orangeman can or will deny. If it were
denied, I have the means of proving it beyond a doubt. And when
such principles are avowed, when so much is acknowledged and
printed, oh, it requires but little knowledge of human nature to
ascertain the enormities which must appear in the practice of those
who have confessed so much of the criminal nature of their principles.
There is, however, one consolation. It is to be found in their
ninth secret article — 'No Roman Catholic can be admitted on
any account.' I thank them for it, I rejoice at it ; no Roman
Catholic deserves to be admitted ; no Roman Catholic would desire
to belong to a society permitting aggression and violence, when safe
and prudent, permitting robbery to a certain extent, and authorizing
treason upon a given contingency. (Hear, hear.) And now let me
ask, what safety, what security can the minions of the court promise
to themselves from the encouragement of this association? They do
want security, and from the Catholics they can readily have it ; and
you, my friends, may want security, not from the open attacks of the
Orangemen — for against those the law and your own courage will
protect you ; but of their secret machinations you ought to be warned.
They will endeavour, nay, I am most credibly assured, that at this
moment their secret emissaries are endeavouring to seduce you into
acts of sedition and treason, that they may betray and destroy you.
Recollect what happened little more than twelve months ago, when
the board detected and exposed a similar delusion in Dublin. Recol-
lect the unpunished conspiracy which Avas discovered at Limerick ;
unpunished and unprosecuted was the author. Recollect the Mayor's
Constable of Kilkenny, and he is still in office, though he administered
an oath of secrecy, and gave money to his spy to treat the country
people to liquor and seduce them to treason. I do most earnestly
conjure you to be on your guard, no matter in what shape any man
may approach who suggests disloyalty to you — no matter of what
religion he may affect to be — no matter what compassion he may
394 MEMOIR AND SPEECHES OF
express for your suiferings, what promises he may make ; believe me,
that any man who may attempt to seduce you into any secret associa-
tion or combination whatsoever, that suggests to you any violation of
the law whatsoever, that dares to utter in your presence the language
of sedition or of treason, depend upon it — take my word for it, and I
am your sincere friend — that every such man is the hired emissary
and the spy of your Orange enemies — that his real object is to betray
you, to murder you under the forms of a judicial trial, and to ruin
your country for your guilt. If, on the contrary, you continue at
this trying moment peaceful, obedient and loyal ; if you avoid every
secret association, and every incitement to turbulance ; if you perse-
vere in your obedience to the laws, and in fidelity to the Crown
and Constitution, your Emancipation is certain, and not distant, and
your country will be restored to you ; your natural friends and pro-
tectors will seek the redress of your grievances in and from parlia-
ment, and Ireland will be again free and happy. If you suffer
yourself to be seduced by these Orange betrayers, the members of the
board will not be bound to resist your crimes with their lives; you will
bring disgi'ace and ruin on our cause ; you will destroy yourself and
your families, and perpetuate the degradation and disgrace of your
native land. But my fears are vain. I know your good sense ; I rely
on your fidelity; you will continue to baffle your enemies; you will
continue faithful and peaceable ; and thus shall you preserve your-
selves, pi'omote your cause, and give security to the empire."
This speech was received throughout, and greeted at its
conclusion, with warm and general applause.
Mr. O'Connell again rose shortly after, and said that there
was a matter of very pressing importance, respecting which he
had to move a resolution. His motion would have reference to
the important business of the subscriptions. He said —
" That it had now become extremely necessary to call upon the
people for procuring aid to counteract the effects of Orange persecu-
tion, and to meet the indispensible expenses attendant on the prose-
cution of the Petitions.
" A resolution like the present had been passed on a former occasion ;
but means had not been taken to render it extensively useful. The
DANIEL O'CONNELL, ESQ., M.P. 395
board found themselves, in the month of October last, indebted in a
sum of not less than £3,000. He was at that time called to the
management of its financial concerns, and was happy to say, that the
debt he mentioned had been paid off, and a surplus remained at the
present in bank.
" It was the object of the board to create a fund, by carrying into
effect which should be sufficient to provide for the attainment of
justice for the Catholic, and which should be equal to the legal pro-
tection of every Catholic peasant in the land from Orange atrocities.
Tliat such a provision had been necessary, recent events (particularly
those in the county of Monaghan) clearly prove ; and that neither
legal protection nor even justice itself could be obtained free of
expense, was a fact well known. He thought it but justice, however,
to gentlemen of that profession to which he had the honour to belong,
to say, that Catholic advocates were no expense to the body. (Loud
applause.)
" That money was wanted would not be denied ; and he knew the
board had only to call upon the people and be supplied. The Ca-
tholics of Ireland were always found willing to grant more than was
required of them ; and would be particularly willing Avhen they knew
it was to protect their honest brethren in remote parts of the country
from the persecutions of Orangeism.
" He would recommend a general subscription throughout every
parish in Ireland ; but he would wish every man to subscribe only
what he would not miss : and in this way, without bearing heavy on
any individual, would a fund be collected, sufficient to obtain the
objects desired upon any occasion which might happen unexpectedly
to call for pecuniary sacrifices.
" As he had other subjects of more exciting interest, though not
surpassing that he was now alluding to in practical importance, he
would not detain his auditory longer upon it at present, but content
himself with moving —
" Resolved — ' That the expenses unavoidably attendant upon the conduct of
Catholic petitions, and the defence of the uivaded rights of petitioning, call for
the liberal aid of our fellow-countrymen.
" ' And that we confide in the public spirit and zeal of the Catholic body
throughout Ireland for ample pecuniary support.'
" This resolution was carried with the greatest unanimity.
396 MEMOlll AND SPEECHES OF
" DOCTOR MILNER.
" Mr. O'Connell rose to propose the resolution of which lie had
given notice, respecting Dr. Milner.
" He said there certainly had been some difference of opinion with
regard to it at the meeting of the board ; but that, from what he had
had the pleasure of observing of the feelings which pervaded the
present highly-respectable and imposing meeting, he did not, and he
could not, for one moment entertain the idea that any such difference
would be found to exist here. There had been in the board no
division on its merits — it was a mere division upon form.
" That venerable prelate had been expelled by the paltry club
calling itself ' the Catholic Board of England !' And the club had
perpetrated this upon the very same day upon which they thanked
the master of the Flogging and Torturing Club in Dublin — my Lord
Castlereagh !
" This, indeed, was not an inconsistency which surprised him.
Lord Castlereagh's treacheries and cruelties towards the Irish people
would never make him less beloved by the English, and that the
accident of an Englishman's being a Catholic would have any the
slightest effect in inducing him to care more for Ireland, was a pro-
position which every day's experience demonstrated to be utterly false
and absurd.
" Indeed, what better illustration could, by possibility, be given of
this, than was supplied by the fact, that this venerable agent of the
Catholic hierarchy of Ireland was made the sport of the vilest caprice
and the most spiteful ill-nature by these English Catholics, as they
called themselves — for what crime or offence think you ? Simply for
proclaiming that to be schism which the Catholic prelates of Ireland
have unanimously declared to be so !
" I cannot forget, although the English Catholics would seem to
have done so, that this venerable prelate combined the classic elegance
of the scholar with the profound learning of the antiquarian and the
divine ; that he was one of the first who treated on polemics without
forgetting the dictates of politeness and the practices of civility, and
bore himself through all the excitements of religious controversy with
the temper and manners of a gentleman.
" The resolution was warmly su])ported by Mr. O'Gormun, and
was passed amid great cheering."
DANIEL O'CONNELL, ESQ., M.P. 397
The Evening Post had the following additional remarks on
the circumstances attending this vote : —
" We observed that about twelve or fourteen members of the Ca-
tholic Board, who were lately most vehement in opposing the vote of
thanks to the prelates, were absent from this meeting.
" We can name Lord Trimleston, Mr. Bodkin Hussey, the two
Bellews, Thomas Dillon, &c., all of whom were in town, hut probably
they had prudential reasons.
" Mr. Hussey was seen in the morning riding about town, at a
quick pace, upon his gray pony ; but his caution preserved him from
the rough reception of his determined and plain-dealing fellow-
countrymen.
" Indeed we saw none of the anti-prelatists — or, to use Mr. Coyle's
phrase, the Orange Catholics — at this meeting, save two or three.
Of these one had not the discretion to remain a mere observer, like
his comrades, but, in a silly hour, came forward to apologize for his
absent friends !
" He was hooted with one universal hiss, and every mark of dis-
pleasure. At length, by the intervention of the chairman and
Counsellor O'Gorman, he obtained a hearing ; and, in a flurried and
incoherent tone, endeavoured to intimate that his friends only
happened to be absent.
" ' Happened !' resounded through the assembly. ' Let them stay
away, and never disgrace our meetings !'
" Mr. O'Gorman and Mr. Lalor made many pointed observations
upon the occurence.
" Mr. Lalor observed, that he ' supposed the absence of these eight
or ten^ne gentleynen was calculated for stage etfect in some of the
government prints, and in order to cast a disparagement upon the
assembly. He hoped they would soon turn Protestants. At all
events, the best apology they could otfer for their absence would be
found in their never presuming in future to present themselves at any
meeting of their suffering fellow-Catholics.' (Loud applause.)
" In truth, these worthies were not missed ; and if their discreet
messenger had not obtruded the idea, nobody would have thought of
them.
" Their superiors were present at this meeting. We saw many
Catholics far higher than these anti-prelatists in personal character ;
398 MEMOIR AND SPEECHES OF
worth, talent, experience, integrity, public opinion, ancient family,
age, and in fortune too — in personal property and in landed estates.
" And we speak without the slightest particle of exaggeration
when we affirm, that in all these respects the aggregate meeting of
Tuesday last exceeded any other that we have ever yet witnessed in
Ireland."
So far the Dublin Evening Post, and according: to living
authority, the writer did not exaggerate in his description.
This meeting (we have not done with it yet, as another
occurrence at it remains to be detailed) had, however, an
importance of a far higher and graver nature than any which
could be given by the character of the attendance at it. The
first great blow was here given to the hopes of the Vetoists, and
the first great repulse administered to the base and grovelling
spirit of compromise and religious indiflPerentism.
It now was made evident to enemies and friends, that what-
ever tendency there might be among a portion — a degenerate
portion of the Catholics of the upper classes — that the heart of
Ireland was sound alike in politics and religion.
The struggle was not ended, indeed, as the detail of Mr.
O'Connell's eff"orts in the ensuing year will amply show ; but
the prestige of popular success was won, and the enemies of
Ireland were dispirited and disheartened.
The insidious attempts of the last two years to sow dissension
between the Catholics of Ireland and their prelates and clergy,
are fast upraising against themselves, a storm of popular indig-
nation similar in force and eff'ect to that which crushed the
" Veto" and " Securities' " schemes in the times of which we
are writing.
As we have noticed, there remained, after the resolution of
gratitude to Doctor Milner had thus been triumphantly passed, yet
another matter of importance to be disposed of. It was Mr.
O'Connell's motion for an address from the Roman Catholics of
Ireland, to the unfortunate and much-persecuted Princess of
Wales — the unhappy, and, if erring, grievously punished wife of
the Regent.
DANIEI- O'CONNELL, ESQ., M.V. 399
Of that man's infamous history one of the blackest pages is
the record of his cold-hearted, unmanly, cruel, and tyrannous
conduct towards her ; and one of the most disgraceful circum-
stances in the history of the English aristocracy, is the support
and sanction they gave him in his brutality.
Mr. O'Connell, at this as at a later period of the persecution
unto death which this unhappy woman underwent, took an active
part amongst her defenders.
On this occasion the following was the tenor of his speech : —
" He declared he had never, in the whole course of his life, pro-
ceeded to address a Catholic, or any other public assembly, with a
deeper or more firm conviction in his mind — that he was about to
propose a measure eminently and powerfully recommended by the
best dictates of the judgment, and the noblest feelings of the heart !
" It was a resolution which, he was convinced, would do credit to
their feelings, not only as Catholics and as Irishmen, but as
Christians and as men. It would procure for them the esteem of
the friends of virtue, and obtain a triumph over the enemies of
goodness.
" I am (continued he), I confess, most deeply anxious for the
success of my present motion, as I should be grieved, indeed, to have
any reason to think so poorly of my countrymen, as to believe that
they could, by any possibility, be capable of rejecting it.
" I think I can satisfy you by the clearest and most convincing
arguments of the propriety of adopting it. The proposal is for an
address to her Royal Highness the Princess of Wales. (Loud cheer-
ing followed — the entire meeting, as if by an electrical impulse,
rose — the ladies waved their handkerchiefs, the men waved their
hats, and three distinct shouts of applause ensued. We have never
witnessed such enthusiasm.)
" Oh, no, (said Mr. O'Connell,) I will not argue the point at all ;
I will not enter into any reasoning on the subject : indeed, I will not.
I leave it to your hearts — to your Irish hearts — to regulate your
conduct. (Loud applause.)
" It was, my countrymen, a foul conspiracy ; subornation of per-
jury, the meanest and most abominable of crimes, and perjury itself,
at all times foul and unnatural, but in this, most foul, and most un-
natural. These atrocities were levelled against a stranger, friendless
400 MEMOIR AND SPEECHES OF
and alone, in a land of strangers — against a female, at a distance from
her parents, and deprived of her natural protector. Good God !
where is the thing, in human shape, that can read of these horrors
and not join in the shout of execration ! — that can behold the triumph
of the innocence of this illustrious lady, and not offer the feeble
tribute of applause !
" Yet, there have been such beings — there are such monsters !
The Giffards of the Dublin Corporation — and there are many Gif-
fards, differing in degree, but combining in principle — the Giffards of
the Corporation have refused to say that perjury is a crime — that
persecuted virtue deserves countenance and support. They have
refused to say so, because they do not think perjury a crime, when
employed against an enemy ; they do not deem virtue an object of
any admiration ; money is their God — to that they are devoted.
" I said I would not enter into any detail or reasoning upon this
subject, and I will keep my promise ; but allow me to remark upon
one circumstance, in the case of this illustrious lady. She becomes
a widowed wife soon after her marriage, but by whose default ? I
do not stop to accuse any person ; but this I must say, that even her
envenomed and unprincipled enemies have not dared to attribute to
her any blame for the separation from her husband. She has never
been accused of any fault to cause or justify that separation, and she
stands, perhaps, the solitary instance in domestic, or, indeed, in any
other quarrel, where one party was confessedly and altogether
innocent.
" This, I own, has made a strong impression on my mind, and I
cannot help thinking that there must have been great purity, and
great delicacy in the conduct of the lady, who upon such an occasion
as this, escaped with her honour, not only untouched by any wound,
but unsullied by any stain, even in the imagination of calumny itself.
For the credit of her sex — for the dignity of human nature, I rejoice
that she so escaped, and the less wonder at the subsequent triumph
which the miraculous force of her innocence afforded her, against the
vilest and most artful conspiracy that was ever formed against life
and honour.
" I cannot avoid also taking notice of the absurd pretext which
has been lately set up, to cover the real delinquents in this atrocious
conspiracy against her Royal Highness. It is said she owes it all to
her indiscreet friendship for Lady Douglas ; but see how the fact
contradicts that assertion ; for, in 1804, the year before Lady Douglas
DANIEL O'CONNELL, ESQ., M.P. 401
gave in her statement, we have seen that the apothecaries were ex-
amined, and that Lord Moira — why — oh why, is poor Ireland doomed
to blush at that name, too — we have seen Lord Moira condescend to
shrug and wink at the animated honesty of Esmeade : that scene
took place before this miserable Lady Douglas became an actor in
the conspiracy ; she therefore cannot be considered as the prime
mover of the conspiracy : you must go further back to reach at the
real author.
" Permit me also to remark upon one other circumstance, in the
case of this injured and innocent lady. By the testimony of her
servants, it now appears that they were placed about her in the
double capacity of attendants and of spies. For years she was sur-
rounded with persons employed and anxious to discover in her some
fault or some crime. She was quite unconscious of being surrounded
by those spies ; but she was perfectly safe under the protection of
her innocence. She has not been acquitted for the want of evidence.
If crime existed, the witnesses stood ready to note it down ; nay, so
anxious were they to supply evidence against her, that we find them
torturing trivial, unimportant circumstances into evidence of guilt,
and directly inventing falsehoods, to give a colour to the conspiracy.
She is therefore enabled, proudly to feel, that she owes her acquittal
to her innocence alone ; had she been guilty, she must have been
convicted.
" I close these few observations on this momentous case, by enter-
ing my solemn protest, as a lawyer, against the species of tribunal
before which she was tried, and which, unable, though clearly not
unwilling, to convict, dared to censure her whom they had not heard,
and could not hear in her defence. A more inquisitorial or unjust
proceeding never disgraced the dungeons of the Inquisitions. It is
< as false as hell.' Permit me to quote one of her judges — ' It is as
false as hell to pretend that this tribunal Avas warranted or j ustified in
taking cognizance of the matter at all ; it was a tribunal illegal in its
formation, and shamefully disgraceful in its result !'
" I repeat it, how dai-e they to inflict the punishment, the dreadful
punishment of censure on the honour of a woman who had not been
heard to explain or to defend ? (Hear, hear.)
" There is, however, another view of this subject which presses
strongly on my mind. The Orange lodges are about to be established
in England. By this, more may be meant than meets the hearing.
We have heard that some Orange lodges in this country had taken
2 D
402 MKMOIK AND SPEECHES OF
an oath of fidelity to the Duke of York. It is about four years since
three soldiers were brought up from Belfast, charged, as the news-
papers informed us, with swearing in Orangemen to join the Duke
of York against the Prince of Wales. These men were not punished
— they were, probably, privately reprimanded for their indiscretion.
I know not, nor do I care if they have been subsequently promoted
or rewarded. But it presses very strongly upon my mind, that
we are not the sole objects of the English Orange lodges. The
Regent is far from being of an active or penetrating disposition.
He, of course, would never consent to the disinheriting of his child.
Yet how do we know, but that in the secrecy of the Orange associa-
tion, some plan may be devised and matured to alter succession,
and to prevent a female reign ?
" Perhaps it is for this that Ox'angeism, with its conditional
allegiance, is now adopted. If it be — if there be any plan for alter-
ing the succession in agitation, there is no harm in saying that
I am against the Duke, and for the Princess. (Hear, hear.) I
speak not to boast, but I have enough of property to make me
independent ; if I had no property, I have a profession, which,
in the kindness of my countrymen, would make me independent,
even if I had no property. I easily yield to the delicacy which
forbids me to speak of matters of a domestic nature, but I may be
permitted to say, that I have those domestic charities about me,
which make the cup of life sweet. Oh, sweet, indeed ! But I am
ready to sacrifice property, and profession, and existence, in the
cause of the legitimate successor to the throne ; and if they shall
attempt to alter the succession, I will fight against the traitors, and
for the young Princess, at your head, or by your side. (Loud cheers.)
" Let not these traitors be enabled hereafter to revive these
calumnies against her mother ; let them, at least, be met in any
such attempts, by the verdict of acquittal pronounced by Catholic
Ireland, and recorded in this your address. The fashion of cutting
the throats of wives is gone by. Henry the Eighth, the English
apostle of the Reformation, had a speedy method of getting rid of
a disagreeable wife. He it was that first discovered the ei-rors of the
Church of Rome in the fair face of a young lady. In the present day,
it is said, that the crimes of the Catliolics have been detected in tlie
bloated visage of an ancient matron. This taste of Henry was more
correct, but not more laudable. The attempt to destroy female honour,
wherever it originated, is, however, as foul, nay, perhaps, more
DANIEL O'CONNELL, ESQ., M.P. 403
fovil, tlian to take away the female life. The Irish were disgusted
by the first experiment ; they cannot refrain from horror at the
second ; nor (;an any paltry consideration of personal interest restrain
them from expressing that abhorrence.
" Our first interest is to be honest, just, and manly. Our first
duty is to discountenance and condemn the perjurers and their
employers. Our proudest and best feelings are to exalt and praise
persecuted innocence. (Loud burst of applause.) We cannot com-
mand success for ourselves ; we cannot coax the Prince Regent, nor
bribe the parliament ; but it is in our power to deserve to be
successful ; to show that we are men — that we are Irishmen, to
whom nothing is alien which partakes of justice, dignity, and
generosity. (Cheers.)
" Yes, let this address injure our cause, yet I would recommend
it to your adoption upon that account ; because, thus you would
have some sacrifice to offer upon the altar of justice and of persecuted
innocence. (Loud and repeated applause.)
" I do, therefore, move that the following address be adopted : —
" ' The Address of the Roman Catholics of Ireland, to her Royal Highness the
Princess of Wales, on her escape from the Conspiracy.
" ' May it please your Royal Highness.
" 'We, the Roman Catholic people of Ireland, beg leave to offer our un-
feigned congratulations on your providential escape from the conspiracjs
which so lately endangered both your life and honour — a conspiracj% un-
manly in its motives, unnatural in its objects, and unworthy in its means — a
conspiracy, combining so monstrous an union of turpitude and treason, that
it is diflBcult to say, whether royalty would have suffered more from its suc-
cess, than human nature has from its conception.
" ' Our allegiance is not less shocked at the infernal spirit which would sully
the diadem, by breathing on its most precious ornament the virtue of its
wearer, than our best feelings are wounded at the inhospitable baseness which
would betray the innocence of a female in a land of strangers ! !
' ' ' Deem it not disrespectful, illustrious lady, that, from a people pro-
verbially ardent in the cause of the defenceless, the shout of virtuous con-
gratulation should receive a feeble echo. Our harp has been long unused
to tones of gladness, and our hills but faintly answer the unusual accent. Your
heart, however, can appreciate the silence inflicted by suffering ; and ours,
alas! feel, but too acutely, _that the commisseration is sincere which flows from
sympathy.
" ' Let us hope that, when congratulating virtue in your royal person, on her
signal triumph over the perjured, the profligate, and the corrupt, we may also
\
404 MEMOIR AND SPEECHES OF
rejoice in the completion of its consequences. Let us hope, that the society of
your only child again solaces your dignified retirement ; and that, to the mis-
fortune of being a widowed wife, is not added the pang, of being a childless
mother.
" 'But if, madam, our hopes are not fulfilled — if, indeed, the cry of an
indignant and unanimous people is disregarded, console yourself with the
reflection that, though your exiled daughter may not hear the precepts of
VIRTUE from your lips, she may, at least, study the practice of it in your
example.' (Cheers)"
The following resolutions were then passed unanimously : —
•' Eesolved — ' That the address to her Royal Highness the Princess of Wales,
now read, be adopted, and that the individuals composing the general board of
the Catholics of Ireland, be requested to procure signatures thereto.
"Resolved — ' That the Catholic delegates, now in London, be requested to
present the said address, in the most respectful manner, to her Royal Highness
the Princess of Wales.' "
The next meeting of the Catholic board was held on the 19th
of June, in Stationers' Hall.
Nicholas Purcell O' Gorman, Esq., in the Chair.
" Mr. Finn stated that the secretary, Mr. Hay (who arrived from
England and was in his place at the board), requested him to act as
he had been in the custom of doing, for this day, Mr. Hay not having
had time to make himself acquainted with the business of the day.
" PETITION TO PARLIAMENT.
" Mr. Finn then proceeded to read some letters, the most material
of which were the following : —
** A letter from Earl Donoughmore to Sir Thomas Esmonde,in answer
to one which the Baronet had written, as chairman of the meeting, at
which the resolution, requesting bis Lordship to present the Catholic
petition immediately to the House of Lords, had passed, and enclosing
that resolution. His Lordsliip's letter stated, that, previous to the
receipt of Sir Thomas's, he had written to Lord Fingal, apprising him
of the unanimous decision which the parliamentary friends of the
Catholics had come to, not to bring the question before parliament at
present, for many reasons which were fully detailed in the communi-
cation to his Lordship, and concluded by saying, that he was certain
DANIEL O'CONNELL, ESQ., M.P. 405
it would only be necessary for him, in answer to tbeir resolution, to
direct the attention of the board to that letter.
" THE REGENT'S PLEDGE.
" The next was a letter from the Earl of Fingal, respecting the
Regent's pledge. His Lordship stated that he had never had an
audience or interview with his Eoyal Highness in the presence of
Lord Clifden and Lord Petre, as had been supposed. That he
thought conversations between individuals of whatever relative rank,
or even the written report of such conversations, could not form just
grounds for the proceedings of any public body. That if he was to
credit the repoi't of the proceedings of the board, which had been
published in the newspapers, and the speeches attributed by those
papers, to certain respectable individuals, an extraordinary mis-
conception had taken place — that he had not the pledge which was
supposed, &c.
*' The next was from Lord Clifden, enclosed in the preceding, and
addressed to Lord Fingal. Lord Clifden said that there must be
some mistake in the business ; that he never had the honour of an
audience with the Prince in the presence of Lord Fingal, or the late
Lord Petre, as seemed to be supposed, and that with respect to the
written pledge he had never seen it.
" The next letter was from Sir Francis Goold, and stated that he
found his name had been mentioned in*" the debate at the Catholic
board, respecting the supposed pledge of the Regent ; that he had
not the most remote recollection of the circumstances of this sup-
posed pledge ; that from his not having the least trace of it on his
memory, he did not think it could even have taken place, but that he
(Sir Francis) ever had a strong impression upon his mind that his
Royal Highness the Prince Regent had always expressed himself in
very favourable terms towards the Catholics of Ireland.
"Major Bryan, conceiving that the letters which had been just
read involved a contradiction of what he had stated on a former day
respecting this pledge, felt himself called upon to say a few words.
He declared upon his honour, that about five years ago he was called
into Mr. Fitzpatrick's inner shop, where Lord Fingal stated, in the
presence of Sir Francis Goold and Mr. O'Connell, that after the rejec-
tion by parliament of a Catholic petition, he had seen the Prince Regent
in the presence of Lord Clifden and the late Lord Petre, when his Royal
406 MEMOIR AND SPEECHES OF
Highness had expressed himself in favour of the Catholics, in terras so
extremely strong, that his Lordship had thought proper to commit them
to paper, and that after he had done so, he waited upon Lord Clifden
and upon Lord Petre to inquire whether the minute he had made
was correct, and that they had both declared it was. Major Bryan
did not pledge himself as to the ivords of the conversation, but with
regard to the substance he was positive. He was not certain either
that Lord Fingal had used the word audience, nor was he courtier
enough to know the distinction between audience and interview or
conversation.
" Mr. O'Connell gave the same solemn pledge which Major Bryan
had done, respecting what passed in Mr. Fitzpatrick's shop. He also
avowed the accuracy of the report of his speech which had appeared.
He was glad to perceive that Lord Fingal's letter, when attentively
perused, did not contradict what he had said. His Lordship says,
there was no audience ; but he goes on to say, that conversations, or
the wi-itten report of conversations, &c., cannot form a just ground
for the proceedings of a public body. If there had not been a con-
versation and a written report of it, Mr. O'Connell thought this
paragraph would not have been introduced. He professed much
respect for Lord Fingal, but declared, that he should take an oppor-
tunity of requesting a distinct answer from his Lordship, whether
there is, or ever was, any written report of the sentiments expressed
by the Prince to his Lordship.
" COUNTY OF MONAGHAN.
" Mr. O'Connell reported from the committee appointed to consider
the best mode of obtaining legal protection for the Catholics of this
county against Orange persecutions. He recommended conciliatory
measures to put an end to all ill-feeling, and hoped that much might
be effected through the channel of some Protestant magistrates who
were favourably disposed. It was necessary, however, in order to
give the Catholics the efficient protection of the law, that money
should be had, and he therefore moved, that it be referred to the com-
mittee of accounts to consider the propriety of contributing a sum for
this purpose.
" Mr. Carolan seconded the motion, which was? unanimously
carried.
DANIEL O'CONNELL, ESQ., M.]'. 407
"MR. FINN.
" Major Bryan, seeing their worthy secretary, Mr. Hay, in his
place, concluded that the services of Mr. Finn in that department
were suspended, but thought the board owed it to the zeal and atten-
tion of that gentleman, to give him their most cordial thanks. Major
B. then moved a vote of thanks, which was carried unanimously.
" Mr. Finn threw himself on the indulgence of the meeting,
returned thanks, and took that opportunity to speak of a paragraph
which had appeared in the report of the former Saturday's proceed-
ings, as published in a certain newspaper. He acquitted the respect-
able proprietor of the paper of countenancing it, and said that gentle-
man had declared he knew nothing of its author. He also acquitted
the gentleman who reported for the paper in question. He called
upon the author of this bai'efaced, false, and malignant attempt to
assassinate his reputation, to have the manliness to come forward and
avow himself if he dare, and concluded by declaring he had suspicions
that it emanated from amongst themselves, and if the board did not
mark their disapprobation of it, this undei-hand assassin might
gibbet them all, one by one, as they happened to fall under his
displeasure.
" Mr. Hay took that occasion to return thanks for the kind manner
in which the board had undertaken his defence in his absence, and
declared he felt the want of words to express his gratitude. He said
that as some shameful and most unjust insinuations had been thrown
out against him, he was anxious for an inquiry into his conduct, and
then alluded to a letter from Lord Donoughmore to Dr. Troy, which
has been recently published, and thought its appearance at this late
period was uncalled for. It did not contradict what he had stated,
as he never said Lord D. showed him Dr. Troy's communication.
His authority for what he had mentioned, was a letter from Doctor
Power, of Waterford, to Sir J. Newport, in which the Rev. Dr. said
that Dr. T. had agreed to the bill.
"MR. CkARLES BUTLER.
" Mr. Hay, after some observations, moved that certain letters
written by Mr. C. Butler to Mr. Grattan and Lord Castlereagh, and
sent to Mr. Scully in February last, be laid on the table.
408 MEMOIR AND SPEECHES OF
*' These letters had been read to the board by Mr. O'Counell
immediately after they were received. Mr. Hay seemed to think
they contained some reflections on Lord Fingal, but both the other
gentlemen were decided in the contrary opinion. Some conversation
took place, after which the motion was agreed to.
" It was understood that the answer of Mr. Scully (agreeable to
that gentleman's wish) shall be laid before the board with Mr.
Butler's letters.
"ADDRESS TO THE PEOPLE,
" Mr. O'Connell rose to report from the committee appointed to
revise the address to the population of Ireland, which had been read,
and referred last Saturday. He stated that five members out of the
seven, of which the committee consisted, were unanimous in approv-
ing of the address as it now stood, and without alteration. The
other two had been unable to attend. One most respectable gentle-
man, Mr. R. M'Donnell, had mentioned to Mr. O'Connell that there
were passages in the address which he wished to have altered, and as
he was prevented from attending, by the most imperative business,
Mr. O'Connell proposed that the address be re-committed, with
directions to report next Saturday, in oi'der to afibrd Mr. M'Donnell
an opportunity to make his objections.
" Major Bryan seconded the motion, a proceeding which was the
offspring of his respect for Mr. M'Donnell more than his conviction
of its propriety.
" Mr. Finn thought that the re-commitment would afford a very
bad precedent ; that the address was much called for, and wished it
to be immediately adopted.
" Major Bryan was quite of Mr. Finn's opinion. His support of
Mr. O'Connell's motion was grounded entirely on his respect for Mr.
M'Donnell, not that he thought it would be of any consequence, as
Jive members out of the seven, of which the committee was composed,
wei-e for the adoption of the address in the shape in which it had been
submitted to them.
" Mr. Scully said a few words on the same side.
" Mr. O'Connor thought that if there was a period at which it
behoved the Catholics to be more circumspect in their conduct than
another, this was the time. He had not heard the address read until
this day, and from the idea which he had collected of it, from the
DANIEL O'CONNELL, ESQ., M.P. 409
reading that had just taken place, it struck him that there were
objectionable passages in it. Deferring its adoption for one week
could possibly do no injury, and during that time gentlemen might
have an opportunity of reading it carefully. He was, therefore,
decidedly for the re-commitment.
" Mr. O'Connell moved that Mr. O'Connor's name be added to the
committee. He had many reasons for this. The expression ' male-
factors,' in the address, alluded to those who had encouraged and paid
the well-known author of that audacious forgery ' the Third Part of
the Statement of the Penal Laws.' Would any man say, that the
persons who salaried, and paid, and encouraged the libellers and
calumniators of the Catholics, while the Catholics themselves were
rigorously punished for the slightest infraction of the law, were not
malefactors ? Mr. O'Connell also moved, that the name of Michael
Fitzsimon, Esq., be added to the committee. The address was then
re-committed, and the names of those two gentlemen added.
"FOKGERIES TO DUBLIN PETITION.
*' Mr. O'Connell reported from the committee appointed to inquire
into forgeries affixed to the Lord Mayor's petition ; stated that the
books of signatures were now printed, and that the committee would
be able to make their final report next Saturday.
"THE PRINCESS OF WALES.
"Mr. O'Connell stated, that upon referring to the numerous
addresses to her Royal Highness from public bodies in England, it
had been found that they had been uniformly signed by the chairman
and secretary. He, therefore, proposed that the address to her Royal
Highness be signed by the chairman and secretary of the late aggre-
gate meeting. Agreed to unanimously.
" NEW PETITIONS TO PARLIAMENT.
" Doctor Dromgoole moved that a committee be appointed to pre-
pare the petitions to the legislature, resolved on by the late aggregate
meeting.
" Mr. Roche said a hint had been thrown out at that meeting, of
the propriety of the Catholics themselves preparing a bill. He ap-
proved of it.
410 MEMOIR AND SPEECHES OF
" Mr. O'Connell agreed witli the last speaker. He thought the
draft of a bill should be offered to the parliamentary friends of the
Catholics, requesting them to present it.
" The following gentlemen were then named as the committee to
prepare the petitions.
" Mr. O'Gorman, Major Bryau,
Mr. Scully, Mr. Finn,
Dr. Sheridan, Doctor Dromgoole,
Mr. O'ConneU, Mr. Taaffe,
Mr. Fitzsimon, Mr. M'Carthy.
Mr. Kennedy,
EARL DONOUGHMORE.
" The secretary read the notice given by Mr. N. Mahon, of a motion
to thank Lord Donoughmore for his communication, and acquiescing
in the advice given therein.
" Mr. Mahon not being at the board, Major Bryan believed the
regular way would be to discharge the motion.
" Mr. Costigan thought it was a motion which the board should
adopt.
'' Doctor Dromgoole was of the same opinion, and from respect for
Mr. M. moved the postponement of it till Saturday next.
" Mr. O'Connell would thank his lordship, with all his soul, but
was for presenting the petition. In order to separate the subjects, he
gave notice of a motion for a vote of thanks generally.
"AGGREGATE MEETING.
" Mr. O'Connell conceiving that Tuesday sen'night would be too
soon for the aggregate meeting, entered notice of a motion for its
postponement. Adjourned."
" 'Address of the General Board of the Catholics of Ireland, to the Catholic
population at large, as read at the Catholic board on Saturday last.
"'Beloved fellow-countrymen, and fellow-sufferers — The general board of
the Catholics of Ireland, to wliose care you have confided the conduct of your
petitions to the legislature for relief, deem it prudent, at this critical juncture,
to lay before you certain cousiderations, seriously interesting to our common
security and welfare.
" 'As the chosen depositories of our claims and expectations, we have been-
DANIEL O'CONNELL, ESQ., M.P. 411
solicitous, at all times, and under every discouragement, to justify your
conlidence by a firm and faitliful discharge of our solemn duty towards
Ireland ; and, however ardently engaged in soliciting the restoration of
religious freedom, we have nevei- infringed the limits of the law, or been unmind-
ful of what is due to the peace and good character of the country.
"'We have encountered many difficulties and much obloquy — these had
been foreseen ; the former we have nearly surmounted — the latter we have
wholly disregarded. The worst of human passions and vices have been
arrayed against us, but with little effect. Monopoly, assuming the mask of
religion, presented a host of selfish and hypocritica;l opponents ; these have
been discomfited with ridicule and reprobation. Ignorance, starting from the
lethargy of ages, frowned upon the advocates of enlightened i)olicy, and
menaced the extinction of our legitimate hopes ; her influence has vanished
like the pestilential vapour before the advancing light of heaven. Sectarian
jealousy, national prejudices, have been stimulated against the freedom of Irish
Catholics; these have been permitted to wanton in shameful and savage
licence ; but they have finally fallen beneath the pressure of justice and
reason .
' ' ' The moment has arrived when the cause of Catholic freedom rests almost
solely upon Catholic firmness, prudence, and circumspection ; our enemies have
failed in their attempts to obstruct our petitions, or to stifle the discussion of
our just complaints ; worsted in argument, prostrate before public abhorrence,
they have resorted to wicked machinations for traducing our conduct, character,
and principles. Forgeries a,nd fabrications have become their weapons of con-
troversy. They have not been ashamed to invent and to circulate in your
name, tlic vilest publications, calculated to delude and impose upon your
Protestant fellow-subjects, to create jealousy and hatred, and to criminate the
Catholics of Ireland by imputations equally false, impudent, and atrocious.
These crimes of traitorous malignity have been, strange to tell, perpetrated with
impunity.
' ' ' These devices have, however, wholly failed, or enjoyed a mere temporary
triumph — they have been detected and despised.
" 'Fellow-countrymen, a new danger now impends over our abused country,
and a new mode of hostility is developed ; of this we are about to warn you ; our
enemies seek to irritate our passions, and to betray us into imprudent resent-
ments. Restless and desperate, they have undertaken to provoke, or to seduce
the Catholic body to violence and insurrection. We know that local agents are
busy, and venal emissaries are abroad. These miscreants will resort to your
meetings, your clubs, and your public places ; they will insinuate themselves
into' your confidence by counterfeit zeal, by daring language, by affected
warmtli and concern for your sufferings. They will suggest secret oaths and
engagements, propose illegal associations, circulate wild and improbable
rumours of plots and conspiracies, recommend and predict rash and ruinous
hostilities. Fellow-countrymen, behold a deep-laid and diabolical plot now in
actual progress ; constructed, not merely for defeating Catholic freedom, but
for involving our beloved country in massacre, desolation, .and ruin. Be now,
more than ever, vigilantly upon your guard. We entreat and conjure you, as
412 MEMOIR AND SPEECHES OF
you value your families, your country, and your religion, to shun the vile
instruments of this nefarious policy — to beware of their fatal snares and
seductions.
' ' ' How, indeed, can the insidious foe hope to persuade us, that the Catholic
cause requires any infraction of the laws, or any disturbance of the public
peace? The avenue to success is yet open; the constitution points it out; it
lies through petitions to the legislature, to Eong, Lords, and Commons. Let
us then petition — petition from every town, village, and parish, without
exception ; let every man, every woman, every cliild, subscribe such petitions ;
no name is so humble as not to be useful ; this is the interest of all — this should
be the business of all ; persevere, and be not deterred or dissuaded ; slumber not
over your deep wrongs ; let persecution be exposed to notoriety, and let your just
complaints resound throughout Christendom !
' ' ' Leave the rest to events, to the legislature, and to Providence ; our cause
is good, and favoured from above ; it is in faithful hands ; let us be, therefore,
confident and strenuous.
" ' In the meantime, fellow-countrymen, let us preserve oiir habits of
industry, domestic miion, good morals, allegiance and religion. Let us instruct
our children in useful knowledge, instil into their hearts a love of virtue, of
freedom, of their country, and of the faith of their ancestors. Place before their
eyes the dignified example of ' ' men, who know their rights, and knowing, dare
maintain !"
" ' Yet steady and immovable in the paths of righteousness, order, and
good will.
" 'Thus shall you speedily disappoint the fond speculations of malignant and
besotted foes !
* ' ' Thus also shall you gladden the hearts of your faithful and enlightened
friends, justify their regard, and requite their unabating labours for your
happiness.
" ' May genuine freedom crown a virtuous perseverance with her rich
rewards ; and may we all enjoy in security, as we shall have earned through
peril, the precious blessing of concord, internal peace, and constitutional inde-
pendence !' "
" Letters from Charles Butler were read at the next meeting
of the board, (on the 20th of June, Sir Thomas Esraonde in the
chair) accounting for, and seeking to explain, his interviews with
Lord Castlereagh.
He declared that in these interviews he had not intended nor
affected to implicate the Catholics of either country, nor any
one but himself, in the opinions he there uttered.
That in the original sketch of a bill prepared by him a year
and a half before, at the instance and recommendation *' of one
of the most steady and active friends of the Catholics in
DANIEL O'CONNELL, ESQ., M.P. 413
parliament," and afterwards solicited from him by Henry
Grattan, the entire rights of the Catholics were insisted
upon, and " not the slightest right given to government to
interfere in our ecclesiastical concerns, in any form or manner
whatsoever."
That he had, two or three times, held communication, by
letter, with Mr. Scully upon the subject, and had endeavoured
to avail himself of that gentleman's suggestions and observations.
Upon these letters Mr, Scully briefly remarked.
He said that his answer to Mr. Butler's communications had
been dated the 3rd of February, in the current year (1813), and
was to the following effect : — " That he would strongly recom-
mend to him to discontinue his interviews with any members of
the administration upon, the affairs of the Catholics of Ireland —
that he disapproved of several passages in the letters — replied
to objections on the score of the tone of the Catholic petition —
stated that the Irish Catholics were never so strong as they
were at that moment, for they were never so unanimous and
determined, and were guiltless of intemperance on the one hand,
as of want of energy and determination on the other," &c., &c.
Another letter was then read, written by Mr. Butler to Sir
John Cox Hippisley, in December, 1812, in which, amongst
other things, the writer blamed the resolutions of the Irish
prelates, principally for " their rejection, by anticipation, of all
arrangements respecting them !"
He declared their resolution " very improper (! ) — not called
for — calculated to disgust friends, and furnish arms to enemies."
This species of cant we are not altogether unaccustomed
to in the present day, whenever any bold step is taken in the
popular movement.
Its true meaning, in the present day, as at the time Mr.
Butler used it, and on all the many occasions that it has been
repeated in the interval, is, that such steps are very inconvenient
and embarrassing to those who desire to seduce, pervert, and
corrupt the public mind,
" I beheve, too," continued Mr. Butler, in the same strain,
" that some speeches in Ireland have disgusted our friends
414 MEMOIR AND SPEECHES OF
I think the English Catholics should,
for this once, lead the way /" &c., &c.
His sugg-estion was not taken, very fortunately for the
English Catholics themselves. Had the Emancipation struggle
been led by them, generations yet to come would be engaged
in it.
The production of these letters had been occasioned by a
charge made by the Secretary of the Board, Mr. Edward Hay,
against Mr. Butler, to the effect that the latter had written
disrespectfully about Lord Fingal. Mr. Hay did not now
endeavour to support the charge, but read a short note from Mr.
Grattan, asking for the letters, and said that he himself had
accordingly written to Mr O'Connell, " requesting copies of the
letters; but Mr. O'Connell had not vouchsafed an answer."
" Mr. O'Connell said he had not felt himself at liberty to send
those letters which Mr. Butler said he had considered private ; and
as to the imputed discourtesy, the fact was, that he had received Mr.
Hay's letter but two days before he left town for circuit, and at a
period when the pressure of professional business deprived him of any
possibility of corresponding with any person.
" Besides, if Mr. Grattan had occasion to see documents in his
possession, he really did think, that respected gentleman might have
condescended to ask for them himself, and not through the medium
of Mr. Hay.
" It was no trivial impulse of vanity which induced this feeling ;
but, in fact, it appeared that there was the most studied and marked
neglect of the sentiments and opinions of the Irish Catholics during
the last session. Neglect ! It actually showed a contempt for them
which, if they bore in silent acquiescence, they would prove they
merited. See how the facts were —
" First, a bill, purporting to be for their relief, had been prepared
in Dublin, under the auspices of Mr. Grattan, by three gentlemen of
the bar ; but so far from any Catholic having been consulted on that
occasion, that even the preparation of the bill here was, for the 'time,
considered as too important a secret to be confided to any Catholic
whatsoever ! It was our case that was to be brought before parlia-
ment, and yet the mode of relief was conceived to be beyond the
reach of our understandings !
DANIEL O'CONNELL, ESQ., M.P. 415
" The second instance of this disrespectful conduct was apparent in
the treatment which our delegates had received in London. Every
communication with them was declined. So far were they from
being consulted upon any details of the Relief BiU, that their
offer of assistance was rejected, with civility to be sure, but very
distinctly.
" The thii'd proof of the low estimate which our parliamentary
advocates formed of us, was found in the fact, that whilst aU the
members of the board and of the Catholic body in Ireland were
neglected, whilst our delegates in London were disregarded, it
appeared, from Mr. Butler's lettei'S, that English Catholics were not
only consulted, but that their advice and assistance were anxiously
sought for and required by Mi-. Grattan and our other advocates !
" No man can be more sensible than I am of the splendid talents,
and more splendid patriotism of Mr. Grattan ; but a more humble
friend may be more useful. It was impossible to emancipate the
Catholics, unless they were consulted upon the details of the practical
modes of procuring relief. If Mr. Grattan would not condescend to
consult the Irish Catholics, they were bound to have their petition
presented by a person who would enter into those details with them ;
and much as I should regret the loss of even the name of Grattan, as
the person who was actually to present our next petition, I cannot
help saying that if some arrangement be not made with him, and
some fixed manner of communicating our sentiments settled — if, in
short, he is pleased again to reject all intercourse with us, it will be
a painful but a solemn duty to Ireland, to consider whether it would
not be more useful to our great cause to place our petition in the
hands of some man, who will cheerfully hold the requisite commu-
nication and intercoui'se.
" Such a man should most certainly have his humble vote, and all
the interest he could exert to secure his selection, even though the
rival candidate bore the illustrious name of Henry Grattan. (Cheers.)
'' Mr. O'Connor passed a eulogy upon Mr. Grattan.
"Mr. Bagot rose for a similar purpose, and called it 'hasty,' to
remark upon Mr. Grattan, as Mr. O'Connell had done. The former
might have merely consulted Mr. Butler on a professional view of
^he relief measure.
*' Mr. O'Connell said that his ' hastiness' consisted simply in taking
the word of Mr. Butler for the, fact, that the latter tvas called upon by
Mr. Grattan to prepare the bill.
416 MEMOIR AND SPEECHES OF
" If it had been merely a professional opinion that was requii-ed,
would it not have been better to have consulted an Irish barrister ?
" This was not the time to consider whether Mr. Grattan should
present another petition or not. When the proper time arrived, he
might alter his opinion, although he did not think he should. He
repeated, that when Mr. Grattan was about to legislate for Irish
Catholics, it would have been more natural to consult Irishmen than
Englishmen. If, however, that gentleman chose to refuse to do so,
he had, of course, a perfect right to act as he pleased ; and so, in their
turn, had the Irish Catholics. He liked Mr. Grattan much, but he
liked Ireland more !
" The matter was dropped ; and the board proceeded to consider
the new petition, which was brought forward by Mr. O'Connell."
The Dublin Evening Post thus introduced it, in its report of
the day's proceedings : —
" PETITION OF THE ROMAN CATHOLICS OF IRELAND.
*' "We present this day, exclusively, the new petition of the Catholic
population to the Imperial Parliament.
" It is a most splendid and solemn document, speaking in a tone
so argumentative and so simple, that even bigotry must admire and
apostasy feel it. It was read, on Saturday last, at the Catholic
board, by Mr. O'Connell, who was frequently interrupted by ap-
plause, and cheered at his conclusion with the most rapturous
enthusiasm.
" We have no doubt that it will be adopted with one voice through-
out Ireland.
" ' To THE Honourable the Hoctse of Commons in Parliament
ASSEMBLED.
" ' We the Roman Catholic people of Ireland, again approach the legislature
with a statement of the grievances under which we labour, and of which we
most respectfully, but at the same time, most firmly, solicit the eflfectual
redress.
" ' Our wrongs are so notorious, and so numerous, that their minute detail
is quite unnecessary, and would, indeed, be impossible, were it deemed expe-
dient.
" ' Ages of persecution on the one hand, and of patience on the other, suffi-
ciently attest our sufferings and our submission. Privations have been answered
only by petition — indignities hy remonstrances — injuries by forgiveness. It
DANIEL O'CONNELL, ESQ., M.P. 417
has been a misfortune to have suft'ered for the sake of our religion ; but it has
also been a pride to have borne the best testimony to the purity of our doctrine
by the meekness of our endurance. Like the great type of our adoration, we
have not merely been the passive victims of unjust infliction, but we have even
endeavoured to expiate the cruelty of our oppressors. We have sustained the
power which spurned us ; we have nerved the arm that smote us ; with a grati-
tude always superior to our privileges, we have lavished our strength, our
talent, and our treasures, and buoyed upon the prodigal effusion of our young
blood the triumphant ark of British liberty.
"' "We approach, then, with confidence, an enlightened legislature. In the
name of nature, we ask our rights as men. In the name of the constitution, we
ask our privileges as subjects. In the name of God, we ask the sacred charter
of unpersecuted piety as Christians.
" 'Are securities required of us ! ! We offer them — the best securities a
throne can have — the affections of a people. We offer faith that was never
violated — hearts that were never corrupted — valour that never crouched.
Every hour of peril has proved our allegiance, and every field of Europe exhibits
its example.
" 'We abjure all temporal authority, except that of our sovereign. We
acknowledge no civil tie, save that of our constitution ; and, for our lavish and
voluntary expenditure, we only ask a reciprocity of benefits.
" ' Separating, as we do our civil rights from our spiritual duties, we ear-
nestly desire that they may not be confounded. We " render unto Cfesar the
the things that are Cesar's;" but we must also "render unto God the things
that are God's." Our church could not descend to claim a state authority ; nor
do we ask for it a state aggrandisement; its hopes, its powers, and its preten-
sions are of another world ; and when we raise our hands to the state, our
prayer is not that the fetters may be transferred to those hands which are
raised for us to heaven. We would not erect a splendid shrine, even to liberty,
on the ruins of the temple.
" ' In behalf, then, of five millions of a brave and insulted people, we call
on the legislature to annihilate the odious bondage which bows down the mental,
physical, and moral energies of Ireland ; and, in the name of that Gospel which
excludes all distinction, we ask freedom of conscience for the whole
Christian world.'
" Mr. O'Connell having read the petition, it was received with
three distinct peals of applause from all parts of the house, which
were returned by the multitude from without.
" Mr. O'Connor begged to know, who the author of so beautiful a
composition was ; he ought to be known, that his country may give
him the only reward she could bestow — her cordial gratitude.
" Mr. O'Connell said that he was able to give the board that
information, and he was proud to claim the author as his particular
friend. He was a gentleman of the bar, a Protestant, and an un-
doubted friend to every civil and religious liberty ; he was a youth
2 E
418 MEMOIR AND SPEECHES OF
whose young heart beat high in the cause of Irish freedom, and
whose darling ambition was, to serve and to exalt his fallen country ;
his muse had already adorned his native land, and, in his first
exertions, the promise of his future services was lively, consolatory,
and certain. His poetic fancy had proved itself rich in the en-
thusiasm for his country, that inspired and ennobled the song of her
ancient bards ; and never did the soul of Irish chief or patriot
burn with a flame more permanent — more pure in his affection for
Ireland. In the hour of oiu* calamity and of our fallen fortunes, he
has arisen a new and splendid light amongst us, to cheer and to
invigorate our pursuit of freedom ; and in the early stage of youth,
he exhibits those qualifications which will render him familiar
to the Irish ear, and dear to the Irish heart ; the name of my
amiable friend, the author of ' The Emerald Isle,' is Charles Phillips."
(Loud and repeated cheering.)
Mr. O'Connor then moved —
" That the heartfelt gratitude of the Catholic board be presented to the
splendid and patriotic friend of Ireland, Charles Phillips, Esq., Barrister-at-Law,
for the exertions by which he has served and ornamented the cause of our
common country."
On the succeeding Monday, the subject of a vote of thanks
to Lord Donoughmore, and acquiescence in his advice to
suspend all proceedings in the House of Lords for that year on
the Catholic question, was pressed on the committee by Mr.
Mahon.
Mr. O'Connell moved an amendment to this motion, to the
effect of thanking Lord Donoughmore generally for his splendid
services, but entirely refusing to bind the board to the adoption
of his advice, not to press the discussion of the Catholic claims
in the Upper House during the current session.
We have not been able to find any report of this speech ;
but it is described by the newspapers as having been very
animated. A strong body, however, led by Dr. Dromgoole,
supported the original motion, which was carried upon a division
of 14 to 10.
Upon Tuesday, the 29th of June, at another aggregate
meeting, in Fishamble-street, a letter, couched in warm terms
of thanks and respect, was read from Dr. Milner, in acknow-
DANIEL o'CONNELL, ESQ., M.V. 419
ledgment of the vote passed in his favour at the last aggregate
meeting.
The Cathohc petition, as read and adopted at the board
on Saturday, was brought forward, and formally adopted
here.
Mr. Mahon moved —
" That the Catholic board be instructed to cause the petitions to be pre-
sented to both houses of parliament, at the earliest period of the next sessions."
Mr. Scully supported the motion in a lengthened and able
address, reviewing the whole progress of the cause, and the
arguments and attacks of various kinds used against it and its
promoters.
His speech was very warmly applauded, as was also one
of equal ability from Mr. Finlay.
It then came to Mr. O'Connell's turn to speak.
" The talent (said he) which has been displayed this day by my
excellent friends who have preceded me in addressing you, affords
the sure resource in our difficulties — the certain pledge of our suc-
cess. I cannot imitate the eloquence which I admire, and I rise
merely to propose, with as little preface as possible, two or three
I'esolutions for your consideration, and, I hope, for your adoption. I
beg leave, in the fisrt place, to move —
" ' That Mr. Scully be requested to take the trouble of giving to the public,
in print, a correct copy of the admirable speech which he has delivered this
day.'
" Major Bryan seconded the motion, which was put from the chair,
and carried by acclamation.
" Mr. O'Connell proceeded : now, let me return you, in one word,
the thanks of my heart for the kindness with which you have this
day received me. I am proud of the kindness of my fellow-country-
men. It is the only reward I would accept, as it is the only one I
seek ; but it is a rich recompense ! It consoles and compensates me
for the slanders and malignity of those who are my enemies, only
because they are your oppressors !
" Nay, in their enmity, too, I feel comfort and delight. I rejoice
to have earned their hostility ; and I shall deem lightly of myself —
most lightly, if the hour shall ever arrive, when the men, Avho enrich
420 MEMOIR AND SPEECHES OF
themselves and fatten themselves by the degradation and enslavement
of Ireland, shall treat me with favour, or even with neutrality.
" I complain not of tlieir calumnies ; 1 exult in them. I have
laslied the bigot and the tyrant ; I have exposed the infamy of those
hypocritical pretenders to sanctity, who, in the name of God, plunder
and oppress unhappy Ireland ! — the men who discount their con-
sciences and obtain money by their pretensions to piety — men, whom
I need not name, because you know them at once by description.
" These men calumniate me, when it is quite safe so to do, in my
absence. I exult in deserving their hatred ; I rejoice at their ex-
ertions, which only prove that I have, in some measure, revenged my
country upon them. I court their bitterest hostility ; all I deprecate
is, their forbearance or their favour.
" Your enemies say — and let them say it — that I wish for a
separation between England and Ireland. The charge is false ; it is,
to use a modern quotation, as ' false as hell !' And the men who
originated, and those who seek to inculcate it, know it to be a false-
hood. There lives not a man less desirous of a separation between
the two countries — there lives not a man more deeply convinced, that
the connection between them, established upon the basis of one king
and separate parliaments, would be of the utmost value to the peace
and happiness of both countries, and to the liberties of the civilized
world.
" Next, your enemies accuse me of a desire for the independence
of Ireland. I admit the charge, and let them make the most of it.
I have seen Ireland a kingdom ; I reproach myself with having
lived to behold her a pi'ovince! Yes, I confess it — I will ever be
candid upon the subject — I have an ulterior object —
" The Repeal oe the Union, and the restoration to old
Ireland of her independence. (Loud and repeated cheering, and
acclamations for several minutes.)
" I am told that it is indiscreet to avow this intention. It may be
so ; but in public affairs, discretion may easily pass into dissimula-
tion, and I will not be guilty of it. And if to repeal the Union be
the first service that can be rendered to Ireland, as it clearly is,
I, for one, most readily and heartily offer to postpone our Emancipa-
tion, in order to promote the cause of our country. (Loud cheering.)
" But let me not be mistaken. It is true, as I declare, that I desire
the restoration of our Irish parliament ; I would sacrifice my ex-
istence to restore to Ireland her independent legislature ; but I
DANIEL O'CONNELL, ESQ., M.P. 421
do not desire to restore precisely such a parliament as she had
before. No : the act of restoration necessarily implies a reformation,
which would for ever abolish the ridiculous, but most criminal traffic
in the representative privileges. The new Irish legislature would^
of course, be purged of all the close boroughs. The right to nominate
to parliament should no longer be a matter of traffic, or of family
arrangement ; it should not be, as it is at present, private property ;
so much so, that I could name to you a borough in which a seat in
parliament is vested by regular marriage settlement. I could tell
you the date and number of the registry, in which a judge of the land
and a country gentleman, are trustees to raise money upon it, for
the benelit of the younger children of a baronet ; this traffic — this
most odious and disgusting traffic, should be abolished at once and for
ever, were our parliament restored to us. (Cheers.)
" Desiring as I do the Repeal of the Union, I rejoice to see how
our enemies promote that great object. Yes, they promote its inevi-
table success by their very hostility to Ireland ; they delay the liber-
ties of the Catholic, but they compensate us most amply, because they
advance the restoration of Ireland; by leaviny one cause of agitation,
they have created and they will embody and give shape and form to
a public mind and a public spirit."
[Was there nothing of prophecy in this? Have not Whig
and Tory statesmen been compelled to bear bitter evidence to
the truth of it many and many a time within recent recollection.]
" Ireland lay in torpor till roused by the call for religious liberty.
She would, I fear and I am convinced, have relapsed into apathy if
liberty of conscience had been speedily conceded. Let them delay
Emancipation but yet a little while, and they will find that they have
roused the sleeping lion of Ireland to awaking activity, whicJi will
not permit our further slumber till Ireland is herself again. (Loud
applause.) They may still, perchance, think of administering the
narcotic of religious freedom, which may tend to re-establish political
lethargy ; but only let them allow our discussions to continue, let
them suffer our agitators to pi'oceed — let the love of country and
even the desire of notoriety be permitted to excite fresh agitators,
and, above all, let the popular mind become accustomed to the
consideration of public subjects and to the vehemence of political
contest, and they know nothing of human nature who imagine thai
422 MEMOIR AND SPEECHES OF
they can, with a breath, still the tempest that they shall have thus
excited, or be able to quiet a people whom they shall have roused
to a sense of their wrongs, and to a knowledge of their own strength
and importance !"
We cannot help pausing again to make one other remark.
Mr. O'Connell has long been made the object of most bitter
revilings by the English press and English orators of every
shade of party, for embarking in a new agitation after the
Catholic Relief Act had been conceded ; yet in this speech, and
others at various periods of the Catholic struggle, he fully and
fairly warned England of the dangers of delay, and if his warn-
ings were unheeded and his counsels scorned, the English have
but to blame themselves for the annoyances which they complain
of from the sustained and continued political agitation in
Ireland.
It is of a piece with the general unfairness which English writers
and speakers, pandering to the passions and prejudices of their
readers and hearers, have uniformly displayed, in dealing with
the striking manifestations within the last few years of the strong
and resolute desire of the Irish people for their nationality, that
Mr. O'Connell should be denied the credit he is most justly
entitled to — of never having disguised his great object, never
having let pass an occasion of announcing it, and while announc-
ing it, showing plainly and putting strongly in view the means
by which alone he could be defeated, by which alone the mighty
national confederation he has now organized could be prevented,
or at least postponed, and the Irish people be got to sit down
patient for perhaps some generations longer with the provincial
degradation of their country.
Concession and conciliation to the Catholics — justice to Ire-
land ; these he has constantly and unremittingly held out, at
every step of his career and every period of the popular agita-
tion, as the means of which alone such a result could be obtained,
and by which it might, without much difficulty, have so been ;
but his warnings, suggestions, remonstrances have, throughout,
been unheeded and despised ; the national will and the national
heart were allowed to gather strength and courage unimpeded
DANIEL O'CONNELL, ESQ., M.P. 423
and unseduced, and now he has the consolation of believing
and knowing, that not even concession of minor rights and
privileges can ever again obstruct or delay the full and entire
attainment by Ireland of that without which all else is vain — the
right of making her own laws in her own parliament !
We resume Mr. O'Connell's speech, at the point where we
have been tempted to make this digression.
" I repeat it ! The delay of Emancipation I hear with pleasure,
because in that delay is included the only prosjyect of obtaining my
great, my ultimate object — the Legislative Independence of my
native land I
"I have wandered from my subject ; but I have not forsaken your
cause. The very calumnies of your enemies and mine lead us to the
discussion of topics which it is for their interest to bury, if they can,
in eternal oblivion ! The manner in which I shall refute their
calumnies is, by endeavouring to serve you. I cannot do that better
than by tendering to you my humble, but my honest advice. The
present period peculiarly calls for that advice. Emissaries are
abroad, agents have been employed, abundance of money and great
encouragements are held out to those who may seduce you from your
allegiance. Your enemies cannot put you down, unless you your-
selves lend them assistance. Your cause must triumph, unless you
yourselves crush it. You have the fate of Ireland in your hands —
upon you, and upon you alone does it depend. Alas ! for poor Ire-
land ! Her liberties depend upon the prudence of a people of the
most inflammable passions, goaded almost to madness on the one ban d
by Orange insults and oppressions, and exposed at the same time to
the secret seductions of the agents and emissaries of those very Orange
oppressors !
" Do you wish to gratify the Orangemen ? If you do, the way is
before you. You have only to enter into some illegal or traitorous
association ; you have only to break out into turbulence or violence,
and the Orangemen will be delighted, because it will afford them the
wished-for opportunity of rioting in your blood !
" Do you desire to afflict and disgust your friends ? If you do, the
way is open to you. You need only form illegal or seditious societies.
You have only to commit some outrages against the public peace, and
424 MEMOIR AND SPEECHES OF
against your sworn allegiance, and your friends must abandon your
cause with contempt and abhorrence.
" In short, your enemies are on the alert. They throw out the
language of irritation, and they adopt every measure of oppression to
goad you to a violation of the law — to a departure from your loyalty
and peaceable demeanour. But it does not rest there. They send
round their agents with money, and with pardon for themselves, to
preach in private circles the doctrine of insurrection — to form secret
knots and associations — to seduce you into crime and then betray you.
These miscreants endeavour to obtain your confidence, that they may
sell your lives ! Tn the meantime, the Orangemen stand to their arms,
ready prepared, primed and loaded ; they stand with the triangle and
the gibbet, to torture, to plunder, and to massacre !
"Alas ! alas ! my countrymen, see you not the fatal snare ? Do you
not comprehend the cruel purpose of your betrayers ? Yes ! my
countrymen were never deficient in intellect — they never Avanted
ready comprehension. They do, and they must perceive that if a
single parish — if a single village — nay, if a single individual, exhibits
the symptoms of political crime — if a single wish, inconsistent with
loyalty, allegiance, peace, be expressed, our enemies will have an
excuse, and a justification for their crimes and oppressions ! The
Habeas Corpus Act will again be suspended — the reign of torture
and of terror will again be renewed, and the cause of Ireland will be
lost, and lost for ever !
"I am deeply anxious to impress upon those who hear me, or n^ay
chance to read a report of what I utter — I am most deeply anxious
to impress upon the minds and understandings of every true Irish-
man, that disloyalty to his sovereign would be double treason to his
country; it would be perjury, aggravated by folly, and followed by
the eternal extinction of the liberties of Ireland. And what prospect
could there possibly be of aught besides destruction ? You would
have no friends — no supporters. We, who now join you in bearing
down upon our oppressors — we, who expose the hypocrites that cover
their bigotry in the stolen garments of religion — we, who are ready
to run every danger, to sustain every calumny, and every loss and
personal inconvenience in your cause, so long as you conduct that
cause within the limits of the constitution — we, in whom you confide,
would, and must, be found, if you A'iolate the law, in the ranks of
your enemies, and in arms !
DANIEL o'cONNELL, ESQ., M.P. 425
" For myself, I will tell you honestly, that if ever that fatal day
arrive, you will find me arrayed against you. There will not be so
heavy a heart ; but thei'e will not be a more ready hand to sustain the
constitution against every enemy !
*' Think you that I should thus consume your patience in repeating
my cautions, did I not know that at this moment no means are left
untried to seduce the population of this country ? Our enemies have
long duped the people of England — indeed, that was not difficult ; so
dishonest and besotted a people as the English never lived. (Loud
cheers.) Yes ; they are dishonest and besotted ! Individuals — many
individuals, and classes amongst them, I I'espect and reverence ; but
as a nation, I must say, and I can prove it, that they are most profli-
gate and quite lost in folly.
" For a specimen of their morality, take a few transactions of this
war — a Avar carried on for the preservation of justice, social order,
and religion ! "Well, in this just and religious war, the English
attack, plunder, murder a people with whom they are then at peace!
Without a shadow of any provocation, they, in the midst of peace,
steal the Danish fleet, burn the Danish capital, and massacre, even
to the infants in her foundling hospital ! ! But this is not all. This
atrocious crime, for which England will be ever execrated, and will,
probably, be punished — this atrocious crime is now followed by a
formal treaty with Sweden, by which England sanctions the robbery
of an entire kingdom. Sweden has no more right to Norway than
Napoleon to London ; yet the English give her Norway ! What
would they say if Napoleon were now to make a present of Ireland ?
Sweden is the good ally of England. Such good friends ought to
make near neighbours ; and Ireland would, I think, suit Swedish
purposes as well as Norway.
" Such is the morality of England, that she has afforded the example
that would justify the transfer of her own dominions to foreigners.
" As to English stupidity, it is really become proverbial ; it is
treated by her rulers with too little ceremony. The mercenary Press
which they pay does exhibit, I think, a little too much contempt for
the English understanding. The Courier., for example, begins the
week with some egregious lie or other; the writers ai-e aware that its
falsehood will be discovered by Thursday ; but on Thursday they
are prepared with a second lie, which will last till Saturday, when lie
the third is coined ; and the English — the most thinking English —
swallow, with the same unabating credulity, the first, second, and
426 MEMOIR AND SPEECHES OF
third of these lies, and are prepared to commence the ensuing week
with an unabated appetite for falsehood ! (Cheers and laughter.)
" To descend from the nation to an individual. Can anything be
more beastly stupid than the conduct of Lord Kenyon, who is now
organizing Orange lodges ? Why does not the animal see that the
principle of religious exclusion might have prevented him from being
a lord ? — that he has escaped into sinecure places, property, and a
peerage, by the accident of his father's creed ? For example — if his
father, who was a common writing clerk to an attorney, if he by
accident had been a papist, the present Lord Kenyon, instead of
being a peer, would, most probably, have been a private soldier, or a
peasant ; or, at the utmost, by a timely conversion from the errors of
popery, he might have arrived at the dignity of being the first
preacher, and highest bouncer, of some society of Welsh ' j umpers.'
(Laughter.) Yes ; my Lord Kenyon, if he had a particle of under-
standing, would feel that his Orange exertions expose the upstart
only to the contempt of a people whom he may oppress, but of whom
he would not dare personally to insult the lowest individual !
" Such is the state of England ; she is ready to sanction any crime —
to credit any delusion.
" Her Orangemen calumniate you. They only require of you one
single act of sedition and turbulence, and you will confirm and estab-
lish their calumnies for ever !
" I have, I own, been tedious in the advice I have given you for
the regulation of your conduct, but think not that I recommend to
you to submit to Orange outrage and insult. Let them go to war with
you ; do you content yourself with going to law with them. If they
dare to attack the wealthy Catholic — a proceeding they are generally
much too prudent to adopt, the wealthy Catholic can protect himself.
If they attack the poor, we are bound, and willing, to procure
protection for him ; on his behalf the protection of the law shall
be exerted. I am able to promise it, because the Catholic board has
the rich treasury of the Irish heart to draw upon, in order to procure
the funds necessary to afford this protection.
" I repeat it ; no illegal outrage shall be committed with impunity
by the Orange banditti upon the poor, or the hitherto unprotected.
This is the first duty that we owe to the patient people.
" We owe them another. We owe them the home-market ; we
owe them the consumption of Irish manuiactures — the consumption
of riothinq hut Irish manufactures. (Loud and repeated cliccrs.)
DANIEL O'CONNELL, ESQ., M.P. 427
" Yes ; it is a solemn duty imposed upon the Irish Catholics, to
give to their own countrymen the priority of their custom. One
would imagine that it ought to require no argument to enforce this
duty, but the melancholy fact is, that Ireland is debased and de-
graded ; first, and principally, because Irishmen have given a per-
verse preference to everything that was not Irish. "We enrich the
bigots of England, and we leave our own manufacturers starving,
and then we talk of our patriotism ! In fact, the clothing districts
in England are the most bigoted portions of it. The no-Popery cry
commenced last year in the very centre of the cloth manufactory.
It commenced with the dealers in cloth, at Pontefract, in Yorkshire ;
and I need only appeal to the Leeds newspaper, for the absurd viru-
lence with which persecution is advocated in that town.
" Why, in that very paper I read about a fortnight ago an account
of a fresh rebellion in Ireland — nay in Dublin ! ! As none of you
heard of it, let me inform you, that it actually took place. (Loud
laughter.) I forget the day, but that is not material. It took place in
Exchequer- street. The Nottingham regiment covered it with glory!
They fought the popish rebels for two hours ; the rebels ascended
the houses, fired out of the windows, threw brickbats and large
stones from the roofs ! Two regiments of horse, three regiments of
foot, the Flying Artillei'y from Island-bridge, and the regiment of
Artillery from Chapelizod, all shared in the honour of the day !
and, at length, the main body of the rebels retired to the Wicklow
mountains, and the residue of them went to bed in town ; fortunately
no person was killed or wounded, and tranquillity was restored by a
miracle ! (Loud laughter.)
" Do you imagine I jest with you ? No ; I solemnly assure you
that the story is gravely told in the Leeds newspaper. Some of the
London journals have copied it, even to the scrap of bad Latin with
which Yorkshire dulness has adorned it ; and there is not a maker
of woollen cloth at Leeds that would not swear to the truth of every
sentence, and every word of it I
" And are these the men for whom you are making fortunes ?
Are there not, perhaps, hundreds that have been clothed in the
'fabric of these dullest of all malignant bigots? Probably the wretch
who ftibricated the lie is himself engaged in the woollen trade, and
that Irish Catholics are his customers and consumers. Let us teach
these drivellers and dotards that they cannot insult us with impunity.
The most sensitive part of an Englishman is his purse ; let us apply-
428 MEMOIR AND SPEECHES OF
ourselves to this his organ of sensitiveness, and make him feel in his
tenderest part, the absurdity of rousing an anti- Anglican spirit
amongst us ; by this will you punish your enemies ; but what is
still more delightful, by this will you encourage and stimulate the
industry of your own poor countrymen. (Cheering.)
" Let us leave to the Orangemen the produce of England. The
Orangemen are the sworn enemies of Ireland, and naturally enough
have ratified their alliance with England. But let us recollect that
our own tradesmen are starving ; that it is in vain to preach loyalty
and obedience to the laws, if we leave our people without employ-
ment, if we encourage English industry, and thereby promote
idleness in Ireland. (Hear, hear.)
" For my own part, I have long made it a scrupulous duty, not to
wear anything that was not Irish ; and if you will sanction so humble
an example by your imitation, you will confer wealth and content
upon those who, in their turn, will powerfully aid you in the pursuit
of your liberties. I shall move, and I am confident you will adopt a
resolution to this effect. (Hear, hear, hear.)
" I have also one resolution more to propose. It is suggested to
me by my anxiety to obtain an adequate counterpoise from the law
against the weight of misery which the revival of the Orange system
threatens.
" I mean to move —
"'That the board should prepare a second petition to the legislature, to
take into consideration the judicial system in Ireland — the admiuistration of
the law amongst us.'
" "We all know — and by sad experience we feel — how it is admi-
nistered. It has been more than once said, quaintly and not untruly,
that voting for the Union did not make a man a good lawyer. We
all know that it did not, but it made many men judges ; and some it
made judges who had never held a brief. But this is not what I
complain of at present; it is something more immediately injurious;
it is the profligacy that is induced by the present state "^ the law in
the mode of selecting juries ! I need not remind you of the care with
which every Catholic is excluded from the panel — or at least from
the jury — when any question interesting to us is to be tried. How
carefully every envenomed bigot is congregated, to pronounce a
verdict of conviction by anticipation. Our petition must state these
facts, and we will offer to prove them in their details. For example —
DANIEL O'CONNELL, ESQ., M.P. 429
we will offer to prove, that a man in the class of bank director, has
been heard to declare in public company, that he wanted no money —
not he, from government — all he asked was, that when they should
have a papist to try, that they should put him on the jury ! ! (Cries
of shame.)
*' I tell you that this is a fact — a fact which we are able distinctly
to prove — nay more, that his request was complied with, or, at least,
that he teas put on a papist's jury ! ! !
"We will also furnish the instance of the present sheriffs of
Dublin — Morgan and Studdart ; they were elected for no other
reason but for their hostility to the Catholics.
" The facts are public — Mr. "Warner was entitled by the courtesy
usually adopted in the corporation, to be sheriff. He was called on
by Giffai-d (what a sense of justice this being must have !) — he was
called on by Giffard to pledge himself against the Catholics. Mr.
Warner who is a man that does honour to your city, finally refused
to give any such pledge. Messrs. Morgan and Studdart cheei'fully
gave it. What was the consequence ? Why, Mr. Warner was
instantly rejected — Morgan and Studdart instantly appointed. The
tenure of their office Avas a pledge against us — they have faithfully
redeemed that pledge.
" How many gentlemen, too, have been refused the office of sheriff,
for signing a petition in our favour ? I need not go to Carlo w for
instances ! How many have been appointed for their hostility to us?
I need not go to Kilkenny for instances ! In short, my object is
simply this : at present the law treats the Catholics as aliens and
strangers in their native land. All I require is, that if we are to
continue aliens and strangers in Ireland, we may have the privilege
of aliens and strangers ; not only the Frenchman, but the Turk, the
Jew, and the negro, are entitled to this privilege, that if they are
indicted for robbery, or killing an Irishman, the jury shall not be
all Irish, but that one-half must be foreigners.
" The privilege of the Jew, or the Turk, or the barbarous negro,
is all I ask for the Catholic. Let not Mr. Attorney-General be
enabled to get up a mocking of a trial, and array his bigots in sup-
port of the falling cause of bigotry.
"I will conclude with a motion to this effect : but let me first recall
to your recollection the situation of one of your earliest advocates,
the Eev. Steel Dickson. He dared to be honest and independent,
when it had ceased to be a fashion. At one time, the Presbyterians
430 MEMOIR AND SPEECHES OF
of Ireland stood the very foremost amongst her children. They it
was who principally forced a free trade from England, in 1778 —
they it was who, in 1782, insisted in arms that Ireland should have
a free constitution ; and a free constitution she instantly obtained —
they it was who were the enthusiastic frienda of every liberty.
But, alas, how fallen ! Lord Castlereagh, Doctor Black, and the regium
donum have converted them into Orangemen. As Orangemen, they
brought about the Union ; and now they are persecuting this Chris-
tian priest, this preacher of the Most High God, because, forsooth,
he has presumed to preach peace, and charity, and good-will to all
men.
" Allow me to say one word of myself. I want to read my recan-
tation. (A laugh.) I have been accused by the public papers of
having spoken slightingly of Gi'attan. I do not think I did so ; but
if I did, I shall only say, that I retract and renounce my error.
Grattan, if he be mistaken, must ever be beloved by, and a pride to,
every Irish heart. (Cheering.)
" Mr. O'Connell concluded by moving the resolution respecting
Irish manufacture, and also that for adopting and forwarding a
second Catholic petition, during the current session of parliament."
These resolutions were severally put from the chair, and
passed with entire unanimity, and amid great cheering.
Mr. 0' Gorman next rose, and, after a speech of some length,
made a motion, calling on the Catholic board to consider the
propriety of an appeal to the Cortes of Spain, to intercede with
their British allies in favour of Catholic Ireland.
The motion will be found in the advertisement of the whole
number of resolutions at the meeting, which we shall presently
give. It was seconded by Major Bryan, and passed without
discussion.
" THE PRESS.
" Mr. O'Connell said he had another resolution to propose ;
it was one which could not fail to pass by acclamation ; it related
to the liberal and enlightened Press of Ireland, and to the most
spirited of its conductors ; that Press, which has rejected and despised
the abundant proffers of corruption ; that Press, which has scorned
to accept of the people's money, to advocate the people's oppressors ;
DANIEL O'CONNELL, ESQ., M.P. 431
that Press, which has disdained a dishonest neutrality, and manfully
and avowedly met the vexation and persecution of a malignant and
base administration ; that Press, in short, which has withstood more
temptation, and suffei-ed more persecution, than ever the open Press
has yet sustained — the free Press of Ireland.
" It was pleasant to speak with gratitude of them, our best bene-
factors. In Ulster we had the Belfast Magazine — a work, in which
all the elegance of classic taste was combined with all the good
feeling of virtuous sentiment, and all the purity of genuine Irish
pati'iotism. In the Orange darkness of the North it shone a light
alone ; it enlivened the darkness in which Ulster was involved in
the very low state of the public mind, and the degraded state of the
Press in that province — a province, in which every newspaper con-
ductor seems to bear in full recollection the full value of the govern-
ment proclamations, but totally forgets that we have a country, and
that to serve her is a profit to the heart, beyond the price of the
paltry bribe of the Castle-
" Ulster, once the source of Irish feeling and of Irish indepen-
dence, is now so fallen as not to furnish one single literary advocate
of poor Ireland, save the writers of the Belfast Magazine. What a
pity it is that this invaluable work is not more known and more
encouraged in the South of Ireland. What a shame to the Catholics
is it that this friend to Ireland is, I fear, about to disappear through
our neglect !
*' In the South, we have many advocates ; in Limerick, there is one
of the best conducted and most patriotic papers in the land, the
Limerick Evening Post. In Cork, the Mercantile Chronicle, an
admirable paper, most patriotically conducted by my esteemed friend
Counsellor M'Donnell, a member of your board, and a first-rate
Irishman. There is, too, in Cork, another unbought, though, I
think, mistaken paper. In Waterford, in Clonmel, in Wexford, and
in Kilkenny, we have also papers conducted with patriotism and
talent ; but to Dublin do we turn for the first glow of Irish talent
and Irish spirit. In the Evermig Post we have a brilliant advo-
cate, that never ceases powerfully to serve, and severely to suffer
for us.
" In the Freeman^ s Journal and in the Evening Herald we have
friends who cannot be bought nor intimidated, and whose talents
adorn the cause of their country, which they never cease to promote.
But I must point your vote particulai'ly to the proprietor of the
332 MEMOIR AND SPEECHES OF
Evening Post ; unseduced by the pleasures and enjoyments of youth
— uncontaminated by the selfishness of wealth — unintimidated by
the persecutions of power, he seeks to serve you as disinterestedly as
he opposes your enemies ; he serves you as you deserve to be served,
simply because your cause is that of his country, and for that
country he has cheerfully met the envenomed shaft of persecution ;
he has fallen into the fangs — the unrelenting fangs of our Huguenot
Attorney-General.
" For Ireland he has already found a dungeon — for Ireland, is he
probably, on the eve of returning to that dungeon, to waste the
blooming season of his life, and to expiate the unpardonable crime
of allowing his heart to bleed for the wrongs and woes of his native
land. Need I urge Irishmen to cheer him with the voice of their
gratitude — of their approbation. I detain you from the vote you
are anxious to give, but I cannot conclude without proclaiming my
conviction, that Ireland would be free if she possessed a second John
Magee. (Loud shouts of applause for several minutes.) Mr. O'Con-
nell then moved —
" Resolved — ' That the cordial gratitude of the Catholics of Ireland be given
to the conductors of the liberal press of Ireland, and in particular to John
Magee, Esq.'
" It was carried by acclamation.
" DUKE OF SUSSEX.
" The thanks of the meeting were then voted to the Duke of
Sussex. This motion was seconded by Mr. O'Connor, who expressed
himself highly gratified at this opportunity of giving some token of
that high respect with which the friendly attention of that amiable
prince had inspired him and the other delegates.
" The resolutions being all passed, Sir Thomas Esmonde quitted the
chair, and Mr. O'Connor having then been called to it, the thanks of
the meeting were returned to Sir Thomas Esmonde, Bart., for his
proper conduct in the chair."
The following were the resolutions, in full, as adopted at this
meeting, and subsequently put in the newspapers. We copy
from the Dnhlin Evening Post : —
DANIEL O'CONNELL, ESQ., M.P. 433
"DUBLIN CATHOLIC MEETING,
" At an aggregate meeting of the Catholics of Ireland, held at
the theatre, Fishamble-street, Dublin, on Tuesday, the 28th of June,
1813,
" Sir Thomas Esmonde, Bart., in the chair : —
" Resolved — ' That Edward Hay, Esq., be requested to act as secretary to the
Catholics of Ireland.'
" Wm. Francis Finn, Esq., the secretary to the late general meet-
ing, read the answer he had received from the Right Rev. Doctor
Milner, in return for the thanks of the Catholics of Ireland,
which was received with rapturous applause, and ordered to lie on the
table.
" The petition drew up by the board of the Catholics of Ireland
being read —
" Resolved — ' The the petition now read be received and committed to the
care of the board of the Catholics of Ireland.'
' ' Resolved — ' That the thanks, gratitude, esteem, and affection of the Catho-
lics of Ireland, are, in the most eminent degree, due, and are hereby given, to
Charles PhiUips, Esq., author of our petition ; a man not more celebrated for
his transcendent genius, than for the benevolence of his heart and the zeal of
his patriotism ; and though ourselves labouring under recent and severe disap-
pointment, we find the most heartfelt consolation in the reflection, that our
beloved country has still to boast of having produced a Phillips.'
"Resolved — 'That our petition be transmitted to the several counties
throughout Ireland, and recommended for adoption.'
"Resolved — 'That the board of the Catholics of Ireland be requested to
cause our petitions to be presented to both houses of parliament at the earliest
period of the ensuing sessions.'
"Resolved — ' That Denis Scully, Esq., be requested to publish the able and
excellent speech he made this day.'
"Resolved — ' That towards relieving the present distress, and allaying the
deep affliction of our manufacturing fellow-countrymen, we deem it to be our
bounden duty to give a decided preference to the use of Irish manufacture upon
all occasions ; and in this, our resolution, we earnestly solicit the concurrence
of the Irish people.'
"Resolved — 'That the board be directed to prepare a second petition to
parliament, calling the attention of the legislature particularly to the state of
the judicial system in Ireland, so as (m the event of any postponement of our
liberties,) to obtain for the Irish Catholics the benefit of that principle which
gives to aliens a jury of one-half foreigners.'
" Resolved — ' That it be our instruction to the Catholic board, to consider of
the constitutional fitness and propriety of sending an earnest and pressing
2 r
434 MEMOIR AND SPEECHES OF
memorial to the Spanish Cortes, stating to them the enslaved and depressed state
of their fellow-Catholics in Ireland, with respect to their exclusion, on the score
of their religion, from the benefits of the British constitution, and imploring
their favourable intercession with their ally, our most gracious sovereign.
'* Kesolved — ' That the cordial gratitude of the Catholics of Ireland be given
to the conductors of the liberal Press of Ireland, and in particular to John
Magee, Esq.
"Resolved — 'That the most cordial thanks of the Catholics of Ireland are
eminently due and hereby given to his Royal Highness the Duke of Sussex, for
his honest and manly reprobation of the Orange system ; and that his Royal
Highness be requested to institute an inquiry into the nature and tendency of
said system, in the House of Lords.'
"Thomas Esmonde, Chairman.
" Owen O'Connor, Esq., in the chair :
** ' The thanks of the meeting were voted by acclamation to Sir Thomas
Esmonde, Bart., for his conduct in the chair, and for his general patriotism.'
"Owen O'Connor, Chairman.
"Edward Hay, Secretary."
The reference in Mr. O'Connell's first speech at the meeting
of the 29th June, to the attempt to spread the Orange lodge
organization throughout England, was amply justified by the
fact.
On the very day that he was speaking, Mr. Charles Williams
Wynne, then, as at present, member for Montgomeryshire,
in Wales, rose, in the House of Commons, to move —
" Tliat a committee be appointed to inquire into the existence of certain illegal
societies, under the denomination of Orangemen."
In making this motion he reviewed the origin, formation, and
rules of the Orange society ; and then made the following
statement, which will show the extent of the movement that was
attempted : —
" He would next refer to the means which were provided for
establishing these societies over the entire country.
" It appeared that Orange lodges met regularly in London,
Manchester, Birmingham, Liverpool, Norwich, Sunderland,
Dover, Chelmsford, (in Essex,) Newcastle-upon-Tyne, Shef-
field, Bury, Halifax, Exeter, Plymouth, Chester, Cambi-idge,
Coventry, Oldham, and many of the smaller towns. That, the
publisher of the pamphlets, Mr. Stockdale, was the person to
DANIEL O'CONNELL, ESQ., M.P. 435
give any information respecting the days of meeting, names
of the masters, &c., &c., to any Orangeman, or person desirous
of becoming one.
" That provision was likewise made for establishing district
lodges ; and refjiments being considered as districts, the masters
of all regimental lodges were to make half-yearly returns of the
number, names, &c., &c., of the members of their respective
lodges, to the secretary of the grand lodge.
" And in these military lodges (in utter defiance of all disci-
pline and regulations whatsoever) officers, non-commissioned
officers, and simple privates were to meet upon a footing of
equality !
" The organization of those societies was announced in all
the papers, especially in those which were known to be under
the control of the government ; accounts respecting them were
constantly circulated in different parts of the country ; extracts
from their proceedings were copied from the provincial prints,
and names of high rank had appeared among the lists of the
members, without any attempt at contradiction," &c., &c.
The motion was met by the ministry by a faint acquiescence,
that there was illegality in some of the Orange proceedings, and
a suggestion to let the matter rest in their hands for inquiry.
This was attended to, and the matter dropped.
The treasonable design, which was detected, and, by early
detection, crushed in 1835, to set aside the succession to the
throne, by means of the Orange confederation, had, therefore, its
example and prototype in the designs and attempts of 1813.
In 1813, the Duke of York was the object, and the personage
to be set aside was the Princess Charlotte. In 1835, the Duke
of Cumberland was to have been preferred to her present most
gracious Majesty, then the Princess Victoria.
Both infamous treasons — the more infamous, because of the
characters of the men whom they would have put upon the
throne, to the exclusion of the virtuous and beloved princesses, in
whom the right lay at the different periods, were the foul
concoctions of men boasting of^ their loyalty, and praised in
parliament by Peel, as being, above all things, remarkable for
even an excess of that quality.
436 MEMOIR AND SPEECHES OF
The board met on the 3r J of July, for their usual weekly
meeting.
Mr. O' Gorman, in reference to the recommendation he had
moved at the aggregate meeting, that the Catholic board should
consider of an appeal to the Spanish cortes, for their inter-
ference with England in favour of the Catholics, said that his
motion had been deemed of so novel a character, that he
thought it necessary to hunt for precedents to sanction it.
Of these he stated he had found four, perfectly apposite and
analogous, and expected to be fortified with more, if he could
obtain a week's delay, which he accordingly requested of the
board to allow him.
" Mr. O'Connell had no doubt that his learned friend would be
able to find precedents in abundance, and produce other arguments in
sufficient number to justify and recommend his motion.
" The government of England had, more than once, recognized the
principle of interference with foreign powers being admissible, and
often expedient. When the inhabitants of Flanders had complained
to them of the aggressions of the court of Spain, they not only
listened to them with approving attention, but actually furnished
them with arms to resist the oppression which aggrieved them.
" The Catholics of Ireland do not require of tlie cortes to go
entirely so far as this, for they want no arms to enforce their rights,
but they require of them, sanctioned by the example of their ally,
England, to give oppressed Ireland their sympathy, and any
benefit that can result from a dispassionate remonstrance on their
behalf.
" The efficacy of an appeal to foreign powers, he thought, was
eminently established, by the successful interference of Cardinal
De Fleury, on behalf of the Catholics of this country. The humane
parliament of Ireland, it was known to all who heard him, had,
for the pure honour and glory of religion, and the interest of the
state, resolved upon the very commendable and Christian expedient
of emasculating the Irish priests. A bill for this wise, laudable,
statesmanlike, and manly purpose had passed the Irish Commons, and
had passed the Irish Lords, and it was sent over to England for final
sanction and approval. The poor people of Ireland, however, bereft
of all other succour, in such a harrowing and soul-inflaming moment
of their degradation and debasement, contrived to have an application
DANIEL O'CONNELL, ESQ., M.P. 437
made to the famous French minister, De Fleury, for his intercession
on their behalf. The appeal was timely and successful. The
barbarity was averted, and the tender-hearted and feeling Lord
Lieutenant of the day, had the painful duty of informing the dutiful
and loyal parliament, that their wise and praiseworthy intentions
could not be carried into effect.
"This precedent, among others, Mr. O'Connell thought was
decidedly recommendatory of Mr. O' Gorman's intended resolution.
" Mr. O'Gorman observed that he had this precedent in his list.
Leave was given for the postponement.
"IRISH MANUFACTURE.
"Mr. O'Connell gave notice of a motion, which he intended to
make on Saturday, disqualifying any member from sitting or voting
in the Catholic board, after the 1 st of August, if not habited in Irish
manufacture.
" This notice was deservedly received with peals of applause.
"DOCTOR MILNER.
"Mr. O'Connell observed that this was the day appointed by
adjournment for the consideration of his motion of thanks to the
Right Rev. Doctor Milner. He thought it, however, quite unneces-
sary to occupy the time of the meeting, by making any formal
motion after the resolution of the aggregate meeting ; and he would,
therefore, dismiss his notice as superfluous.
" This was unanimously assented to.
" CATHOLIC BISHOPS.
" Mr. O'Connell said, that as he was on his legs, and had, in some
measure, drawn the attention of the meeting to the L-ish prelacy, he
could not avoid noticing a speech which was delivered on "Wednesday
last, at a public dinner in Cork, by a near and dearly beloved
relative of his, and a high and distinguished ornament of the Catholic
church, he meant Doctor Sugrue. (Loud applause.)
" The dinner was given to compliment this pious and venerated
pastor, as well as Doctors Moylan and Coppinger ; the guests were
composed entirely of Catholics — considerably of Catholic clergymen ;
438 MEMOIR AND SPEECHES OF
and the following were the admirable sentiments uttered by Doctor
Sugrue, as given by the Cork Southern Reporter : —
" Toast — ' The Eoman Catholic clergy of Ireland — May they never forsake
their flocks, nor be forsaken by them.' — Three times three.
" Dr. Burke returned thanks.
" Dr. Sugrue rose and said, he always thought he had an Irish
heart — to-night he felt he had one. The Irish people were always
loyal to their God ; how then could they be disloyal to their country ?
Perish, then, those degrading suspicions which are entertained of
them. Was it possible that they who had been loyal under persecu-
tion, would be disloyal when there was nothing to complain of?
"We have already given our oaths, and, if they are not to be
credited, why enact new ones ? You all know if the Pope was
inclined to do mischief he could not, and if he was to go beyond
his authority, which is purely spiritual, you would be bound to dis-
obey him.
" There is no room for the alarm that has been spread, nor is there
any foundation for the assertion that has been used, that the Catholic
bishops are averse to concession. They had already given their
oaths, and theu' past lives were the best guarantee for their
future conduct. They were prepared to conciliate — the safety of
their religion was their only object, but they would not enter into a
barter subversive of its tenets and repugnant to its discipline.
" This great cause, however, was rapidly advancing to success.
The rank and talent of the nation were ranged in its behalf, and
before them the twilight of bigotry must fade. In the language of
one of their most celebrated advocates, ' as well may it be attempted
to place a foot upon the centre of the earth, and stop its diurnal
motion, as to endeavour to retard the progress of the right reasoning
and philosophy which had been urged upon this eventful subject, and
which must finally ensure its success.'
"SUBSCRIPTIONS.
" MONAGHAN OUTRAGES.
" Mr. O'Connell next spoke of the recent violences in Monaghan.
" He alluded, in earnest terms, to the great necessity there was of
making some fund for the pui'pose of seeking legal redress against
the cruel oppressions practised against the Catholics, and stated that
DANIEL O'CONNELL, ESQ., M.P. 439
there had been recent accounts, as was mentioned in the Freeman's
Journal of that morning, of fresh Orange atrocities in the same
county.
"DINNER IN DUBLIN.
"Mr. Eandal McDonnell suggested votes of thanks to Grattan
and their other friends, and a public dinner to them as early as
possible.
" Mr. Q'Connell cordially adopted the idea of his much respected
friend ; he thought it would be useful to the cause of Ireland, that
another great meeting of the advocates of religious liberty should
take place, and no period could be more timely for the presentation
of the address of thanks than when Mr. Grattan and the other
members of the Imperial Parliament, whose company might be pro-
cured, had assembled in town.
" The address will, of course, have a general application, and it
might be made a medium of giving Mr. Grattan and his patriotic
colleagues, a due impression of such mistakes as they might have
fallen into during the late struggle, relative to the precise expecta-
tions and wishes the Irish people entertain on the subject of their
emancipation, and the only terms on which they would accept of it.
" Major Bryan asked, was the compliment to include Lord Castle-
reagh, as a supporter of emancipation ?
" Mr. O'Connell — I have been speaking of friends — I could not,
therefore, mean to include enemies."
In pursuance of the suggestions which had thus been thrown
out by Mr. M'Donnell, and so well received, it was proposed
that there should be nominated a committee to prepare the
address, and also to make arrangements for the dinner, and
Mr. Scully's name was called. Mr. Scully declined acting on
the committee, having much difficulty as to the expediency of
the address that Mr. O'Connell had in view.
To a simple address of thanks he, of coarse, had not the
slightest objection ; but he thought the recent proceedings of
the Catholic board gave too distinct and unequivocal a por
traiture of their precise feelings and sentiments, to render any
additional explanations necessary.
Mr. M'Donnell thought this another reason why Mr. Scully
440 MEMOIR AND SPEECHES OF
should sit on the committee, and accordingly he and the follow-
ing gentlemen were appointed : —
Mr. M'Donnell, Mr. M«Carthy,
Mr. O'Connell, Mr. Mahon,
Dr. Dromgoole, Mr. Blake,
Mr. Finn, Mr. Callanan
IRISH MANUFACTURE.
Mr. O'Connell gave notice of a motion, rendering it im-
perative on all gentlemen to come dressed in Irish manufacture
from the first of August.
Mr. Richard O' Gorman said that his learned friend had an-
ticipated him; but though it so happened that he could not
be the mover of this most praiseworthy resolution, he intended
for himself the great satisfaction of being its seconder.
On Wednesday, July the 8th, 1813, the case of Mr. John
Magee (proprietor of the Dublin Evening Post), the gentleman
so warmly spoken of in the last speech of Mr. O'Connell at the
aggregate meeting, was again before the courts.
Mr. Finlay applied for a postponement until some day in the
following Michaelmas Term; on the ground of the absence of
several parties, without whose attendance the defendant was
advised that he could not safely proceed to trial, viz.
Sir Charles Saxton, late Under-Secretary at the Castle,
Right Honble. William Wellesley Pole, late Secretary for
Ireland,
Robert Peel (or Peele, as then spelt), then Secretary for
Ireland ; and
Right Hon. William Fitzgerald (since Lord Fitzgerald and
Vesci), Chancellor of the Irish Exchequer.
With Mr. Finlay, were Messrs. O'Connell, Wallace, Hamil-
ton, and Charles Phillips.
The counsel against Magee were: — Saurin, the Attorney-
General, Bushe, the Solicitor General (late Chief Justice Queen's
Bench,) Sergeants Moore (late Judge Moore), Ball, and
M' Mahon (late Sir William M'Mahon, Master of the Rolls).
DANIEL O'CONNELL, ESQ., M.V. 441
The Attorney-General strongly resisted the application,
which he characterized as " idle and silly."
After a good deal of personal invective against the defendant,
he said : " My lords, you will be shocked to hear that the
defendant is indicted and charged, by this indictment, with
charging his Grace of Richmond with being a murderer."
" Mr. O'Connell — I must, my lords, interrupt Mr. Attorney -
General, intending him no disrespect. He now purports to state
matter which is contained in the indictment, but he has not given
any notice of using it upon this motion. So that we are not prepared
to correct, by the attested copy, any misstatements that he may
choose to make of its contents.
" The Chief Justice allowed the Attorney- General to proceed.
" The latter urged that it was idle to expect Sir Charles Saxton
and Mr. Wellesley Pole to return to Ireland, they having no private
aflPairs, nor fixed residence here, and being out of office.
" That if Mr. Peele and Mr. Fitzgerald were not arrived on the
day he had fixed for the trial, he would consent to a postponement
until the 20th instant ; and if they were not in Ireland even by that
day, it would, of course, be in the hands of the Court to postpone
until November.
" Mr. O'Connell said, that as leading counsel for Mr. Magee, it
was his duty to reply to the Attorney-General.
" I am, indeed, said he, at a loss to discover what it is I am to
reply to !
" I have heard from him abundance of confident and unfounded
assertion, but a total want of anything resembling reason or argu-
ment ; with his style, it is beneath me to quarrel ; but with the
manner in which he has treated my client and the Court, I have just
reason to be dissatisfied.
" Against every principle of law and reason he pronounces my
client guilty before trial ; he anticipates conviction, and exults in the
prospect of inflicting punishment with as much gratification as if he
were, at the moment, in the actual enjoyment of so doing. And he
has dictated to the Court that which involves a direct contradiction
of its former decisions.
" I did interrupt him, my lords, and I was right to interrupt —
442 MEMOIR AND SPEECHES OF
first, because he made use of a document, namely, the indictment, of
which, in point of form, he could make no use on this motion,
because of not having given any notice of using it. Secondly,
because he wilfully misstated and misrepresented that indictment.
" He has told me that my assertion is absurd. It is not a polite mode
of reply, but he does say that my assertion is absurd. I wish to be
lenient to him, but I am compelled to prove that his assertions are
disgraceful to him, because directly contrary to the fact !
" He has told you that Mr. Magee is indicted as the printer of a
newspaper. My lords, the fact is otherwise. Mr. Magee is not
indicted as the printer of any newspaper. He has told you that Mr.
Magee is indicted as the proprietor of a newspaper. My lords, the
fact is otherwise. Mr. Magee is not indicted as the proprietor of any
newspaper. And the Attorney- General has also told you that Mr.
Magee is indicted for charging the Duke of Richmond with being a
murderer. The truth is not so — the truth is otherwise. Mr. Magee
is not indicted for charging the Duke of Richmond with being a
murderer.
" Will it then be said, that it is absurd to endeavour, by inter-
ruption, to prevent the Court from being imposed upon by so glaring
and disgraceful a misrepresentation of the facts ? If so, this is an
absurdity which I am proud of committing.
" After this preface, extorted from me by the arrogant manner of
the Attorney -General, I beg to call the attention of the Court to the
motion.
"It is really a motion of course, if the documents be sufficient.
Now, upon the 13th of May last, the Court decided upon debate ; and,
notwithstanding the opposition of the Attorney-General, that those
documents were sufficient. That determination was founded upon
good sense, and upon admitted principles of law. The ingredients of
a motion to postpone a trial are these : — First, that it be sworn that
witnesses are material and necessary ; secondly, that they have been
served with process to compel their attendance ; thirdly, that they
are prevented from attending by reasons of a temporary nature ; and,
fourthly, that there is a reasonable expectation and a prospect of
their attending upon a future day. All these ingredients belong to
the present motion.
"1. It is sworn that the four witnesses are material and necessary.
" 2. That they have been served with process.
DANIEL O'CONNBLL, ESQ., M.P. 443
" 3. That tliey are detained in England by parliamentary duty,
and appear to be protected in their absence by their parliamentary
privilege.
" 4. And that there is every reason to expect their attendance by
the first day of next term.
" Upon these grounds, common sense tells you that a trial ought
to be postponed ; and upon these grounds the law says it must be
postponed.
" Has any man denied that this is the law ? "Will any man pre-
sume to deny that this is the law ? If he do, my lords, I will cite a
case directly in point to sustain my allegation. I will not search for
it in the blue-paper books of stupid reports, which every packet
brings us — the English Court of King's Bench contradicting their
Court of Common Pleas, and each of those courts most impartially
contradicting itself — reports that involve present litigants in an
inextricable maze of controversy, and will entail upon posterity the
curse of still more uncertain and more interminable litigation. I cite
not any of these cases. I cite the case of the King against Magee.
The identical case decided by your lordships on the last day of last
term. Upon the very documents which I use now, you then decided,
that it was the duty of the Court, and the right of the party, to have
the trial postponed. Then, as now, the Attorney- Genei-al exerted
himself to have Mr. Magee tried in the absence of his witnesses —
then, as now, he gave you assertion instead of argument — abuse
instead of logic.
" Does he expect that this Court will contradict itself? Shall it be
said, that the highest criminal court of justice in the land has decided
the same question in two different ways? — that on the 31st of May,
they decided on the same documents and between the same parties,
that the trial should be postponed ; and on the "Tth of July, upon
those very documents and between those very parties, that it should
not be postponed ? Does the Attorney-General expect that the
Court will involve itself in this plain and manifest contradiction ? —
that it will this day decide one thing, and to-morrow decide exactly
the reverse ?
"In his unfeeling, unjust, and unconstitutional anxiety to try
Mr. Magee, at a time when his witnesses are absent, the Attorney-
General cares little for the character and dignity of the Court. His
only object is the gratification of a malignant spirit of revenge, which
444 MEMOIR AND SPEECHES OF
the Court will, as it ought, feel a pleasure in counteracting, when at
the same time it vindicates its own consistency.
'• But,, my lords, there is, in fact, a difference between the present
application and the last, precisely because our case is stronger in the
present instance than in the former. Then, my lords, we could have
made but one attempt to procure the attendance of those witnesses.
Now we show you many exertions to procure their attendance.
Our diligence was less on the former occasion — it is now greater ;
and is it possible to conceive anything more absurd than to expect
that the Court will, at the request or upon the dictation of the
Attorney- General, now refuse that to a stronger case, which the
Court, on the last occasion, conceded to a weaker and less powerful
case. The administration of justice would fall into great disrepute,
and the law would be a mockery, if that which was deliberately de-
cided on the 21st of May should, by the same judges, upon a stronger
and a better case, be reversed on the 7th of July.
" I feel, my lords, that it is impossible that such an example of
inconsistency and want of principle in decision, can be sanctioned
for one moment by the Court, however ardently sought for by the
Attorney-General. Thus stands the case upon our affidavits. You
decided with us before ; we only require a repetition of your decision.
" But, it is said the case is different now — that there is now an
affidavit made on the part of the Crown, which will warrant the Court
in departing from its former rule. This I must altogether deny ; and
I am prepared to show you, first, that you cannot read that affidavit
at all ; secondly, that even if it were read, it would furnish no grounds
for resisting our motion. This affidavit cannot be read, because the
person who makes it shows no connection with the court or the
parties. He furnishes no description of himself — no reason to account
why he should throw an affidavit on your files ; he calls himself
James Murphy, of the city of Dublin ; but which of the thousands of
Jemmy Murphys who people Dublin, you have no means to ascertain;
whether he belong to Channel-row or Kildare-street, you cannot
conjecture ; if he be gentleman, esquire, knight, or baronet, attorney,
doctor, grocer, or merchant — all this is concealed from the Court : he
states himself to be ' James Murphy,' of the city of Dublin, and no
more. This affidavit has been made deliberately and advisedly. It
has been filed by the active and intelligent Solicitor for the Crown.
It has been advised, of course, by some or all of the wise, grave, and
DANIEL O'CONNELL, ESQ., M.P. 445
learned phalanx of counsel for the prosecution. Why, then, is the
swearer concealed? Let them give us a reason for introducing a
nondescript to the court. Oh ! he is safe — this James Murphy is !
How can we detect — how can we punish him for perjury ? Where
shall we look for him ? How shall we identify him ? If the Court
receives this affidavit, it holds out an indemnity to perjury — a pro-
tection against discovery, to fabrication and forgery.
" The prosecutors have not, however, the merit of invention ; they
only imitate. The original example of setting at defiance was given
them by the contrivers of a public document, presented to an honour-
able assembly, subscribed in many a forged and fictitious name, by
rendering detection difficult by its uncertainty : to that document
were affixed four and twenty Armstrongs, all 'of the city of Dublin.'
Thus may every species of imposition, of perjury and of forgery be
committed, if not without disgrace, at least without punishment.
This affidavit cannot be read, because it is the affidavit of a non-
descript. The rules of the court require the particular description of
every man who comes forward to give his written testimony on oath.
Here is no description ; you must, therefore, reject this affidavit.
Again, it is a ruled case that no affidavit can be read, unless the
person shows some acknowledged connection with the court or the
cause. Thus, in the case of Sullivan v. Margill, reported in 1st
Hen., Black. 637, an affidavit was made to postpone a trial. The
affidavit stated quite a sufficient case for that purpose, and the trial
would have been postponed accordingly, but that it was discovered to
have been made by the clerk of the defendant's attorney, describing
himself as such. My lords, the affidavit was rejected, and the motion
refused on that account. It was rejected and refused, because the
Court would not recognise any connection between the attorney's
clerk and the court, or the cause entitling him to make an affidavit
in the cause. See how much a stronger case the present is for re-
jecting this affidavit. There the man who made the affidavit was
an ascertained person, and actually employed as the assistant of the
attorney of the defendant. Here the affidavit-maker is unknown,
and does not appear to have any connection whatsoever, even with
the attorney. If the Court in that case, which has ever since been
recognised as law, refused to hear a person who certainly had some,
though a remote connection with the cause and the parties, how can
you hear a mere volunteer, who has no connection, remote or other-
wise, either with the court or the parties ?
446 MEMOIR AND SPEECHES OF
" It follows, in point of convenience, good sense, precedent, justice,
and law, that this affidavit must be rejected. But let me concede
that, notwithstanding all those, it may be read. What advantages can
it afford ? What difference can it make in the case ? You may, then,
see what it is that James Murphy, whoever he be, and I care not
who he be, swears. He tells you, upon his oath, that he believes
that Saxton, who has sought and won the unpurcbasable suffrages of
the ancient and loyal corporation of Cashel, does not intend to grace
Ireland again with his presence ; that Mr. Wellesley Pole, the repre-
sentative of the Queen's County, does not, as this worthy Jemmy
Murphy believes, possess any residence in Ireland, nor does he intend,
as the said Murphy believes, to return here ; and he then swears that
he believes Mr. Robert Peel intends to come back, and that Mr.
William Fitzgerald intends to revisit Ireland shortly. And can this
ludicrous — this nonsensical affidavit — this affidavit, that in every re-
statement of it excites the laughter and contempt of every person
who hears it — can it be gravely urged, as affording a shadow of
excuse for requiring of you to change your pronounced and solemn
opinion on the subject of this trial?
" It is, my lords, worse than no excuse ; it tends to render the
administration of justice ridiculous, to urge it, or to argue upon it.
But the Attorney-General is so very desirous to have this trial take
place before the witnesses for Mr. Magee can attend, that I must be
indulged in a short comment on this affidavit. One can easily per-
ceive that it is a bungling and slovenly attempt to produce some
similarity between his case and the case of the King v. the Chevalier
D'Eon, the 3rd Bur. 1514 ; and as, in that case, the Court refused to
postpone the trial, although the witnesses were absent ; so it is hoped
that your lordships will, on the authority of it, refuse to postpone
this trial. But examine the facts, and you will see that case cannot
furnish any rule to govern this. In D'Eon's case the witnesses were
natives of France, and resident there ; they were in the service of
the crown, and as the French court was interested in the prosecution,
they would not even be permitted, if they were willing, to come over.
There was no probability, therefore, of their future attendance ; on
the contrary, there was a certainty that postponement of the trial
must be useless, as those witnesses could never attend.
" One regrets, indeed, that Lord Mansfield suffered himself to be
swayed even by so plain an argument, when the case afforded a prin-
ciple upon which the trial might, and ought to have been postponed.
DANIEL o'CONNELL, ESQ., M.V. 447
It was this : The French king was, in fact, the prosecutor ; it was at
his instance the prosecution was instituted ; yet he it was who de-
tained the witnesses. It seems that it would have required but little
of the indignant spirit of liberty, which the constitution requires from
its judges, to have enabled Lord Mansfield to have decided that he
who prosecuted should not be permitted to prevent a fair trial ; that
if he detained the witnesses, the Court would postpone the trial, so as
to attain justice — not as our Attorney-General desires to go on,
merely to procure punishment. No ; Lord Mansfield was not a man
calculated to disappoint power of its prey, and he refused to postpone
the trial.
" Let the Attorney- General, then, make the most of his precedent.
D'Eon's case does not resemble ours — the witnesses were in France,
out of the j urisdiction ; ours are in England, within the jurisdiction
of the authority of your process. His witnesses were beyond the
reach of punishment for any disobedience of the process of the
English courts ; our witnesses are liable to punishment if they
disobey your process. His witnesses could not be compelled to
attend ; our witnesses can, and, when parliament rises, will be com-
pelled to attend. His witnesses would not be permitted to leave
France ; no man can prevent our witnesses from leaving England
and coming here. The Duke of Richmond, who, one may venture
to hope, has no anxiety to prevent a fair trial, and Mr. Attorney-
General, who clearly does wish to prevent a fair trial, cannot exclude
our witnesses from Ireland, nor detain them in England. In
D'Eon's case, the postponement he required would have been nuga-
tory ; he had no prospect of procuring his witnesses, even if the time
he asked had been granted. In our case, the postponement gives us
a certainty of procuring the attendance of our witnesses. D'Eon's
case can, therefore, furnish no rule to regulate this case ; which, so
far from being like D'Eon's, is precisely the reverse.
" Mr. Justice Day The cases, certainly, are not alike, as you put
them ; and your distinction is founded, if you can show us how you
can compel the attendance of English witnesses here.
" Mr. O'Connell. — There is no difiiculty in that, my lord. Their
attendance can be compelled, under the provisions of the 45th of the
King, c. 84. An act passed for the amendment of Judge Johnson's
Act. In Judge Johnson's case, the gross and glaring inconvenience
and injustice which would manifestly arise from taking a man from
the place where he had really done any act to a place where he had
448 MEMOIR AND SPEECHES OF
offended only constructively — to a place where, though he might be
transported himself, he could not compel the attendance of his
witnesses. This injustice was so forcibly felt, that the legislature
interfered, and softened, in some degree, the injustice of the first
statute, by the act of the 45 th of the King, which gives a power to
the Irish and English courts of criminal justice reciprocally to enforce
the attendance of witnesses from one kingdom into the other. The
provisions of the statute are express, and include all cases.
" And thus, my lords, by your lordships' confession, I have distin-
guished this case from the authority of D'Eon's case. There is,
therefore, not a shadow of reason, authority, or law for refusing this
postponement, until we can procure our witnesses. Even the
Attorney- General admits it, when he concedes that the trial shall
stand over untU Mr. Peele and Mr. Fitzgerald shall arrive. So far
he cannot controvert our request.
" But, as to Sir Charles Saxton and Mr. Pole, he says the case is
different. In what is the case different ? Simply and singly in this,
that the Attorney says so — in nothing else. Oh ! but, perhaps,
IVIr. Peele is a man after Mr. Attorney-General's own heart
and that Mr. Pole is not. I know of no other difference ; and I
really disdain to argue a topic in which I have not a particle of com-
mon sense to contend against, and nothing to oppose but the ipse
dixit of the Attorney-General. Mark the sapient, the admirable
distinction of this wise and grave personage. He teUs the Court that
the trial ought to be postponed till Mr. Peele and Mr. Fitzgerald
arrive ; but that it ought not to be postponed till Sir Charles and
Mr. Pole arrive. What am I to combat ? Upon what is the Court
to act ? — Upon the high will and pleasure of the Attorney- General?
Really, my lords, I should fear to insult your understandings by
detaining you in exposing the idle and extravagant nonsense which
attempts to distinguish between two of the witnesses, for whom it is
admitted the trial must wait, and for two others of them for whom
it is insisted that it shall not wait. It would be better to decide upon
avowed caprice, or the hazard of a die, than upon this wretched
distinction, without the shadow of difference.
" I conclude, my lords, by merely stating to the Court what it is we
want. It is merely to postpone the trial until the termination of ihe
session of parliament shall have deprived our witnesses of all excuse
for non-attendance. It is not suggested, even upon the faith or the
credulity of this James Murphy, that Mr. Magee has any intention of
DANIEL O'CONNELL, ESQ., M.P. 449
eluding a trial or of preventing the due course of justice. Murphy's
paltry affidavit does not presume to suggest that which is so mani-
festly contrary to truth.
^' Mr. Attoi'ney-General, indeed, of his own authority, tells us that
we desire to postpone the trial under the pretence of wanting witnesses,
whilst in fact we do not want them. I tell him he mistakes or mis-
represents. We do not seek to put oiF the trial under any pretence.
We desire to put it off for the purpose of procuring a fair and impar-
tial trial, and a full investigation of all the facts of our defence. We
desire a fair trial — the Attorney-General requires a trial in the
absence of our witnesses. The Court will decide between us ; it will
decide as it has already done : and, perceiving that as great injustice
and oppression must follow from complying with the Attorney-
General's request, whilst no unfair advantage can be obtained by our
motion, it will again decide that the trial shall be postponed, until
the cause of the absence of our witnesses is removed.
" The Solicitor- General rose and said, that it was possible all the
witnesses might be able to attend on the 20th ; that he did not desire
any order inconsistent with a full, fair, and impartial investigation of
the merits — God forbid he should ! He would, therefore, pi'opose,
that the trial should now stand postponed generally till the 20th ;
and if then it should appear that any of the witnesses were prevented
from attending, the Judge at Nisi Prius Avould, and he admitted
ought to, postpone the trial till the next term.
" Mr. O'Connell declared his perfect satisfaction at what had fallen
from the learned Solicitor- General ; and a rule was pronounced
accordingly. Thus has the object of the motion been completely
obtained."
The sensation that this encounter between Mr. O'Connell
and the Attorney- General created with the public, can^e best
described by quoting from an article in the Dublin Evening Post
of a few days subsequent : —
" The government prints are loud in their complaint of the Chief
Justice (Downes). They say that he is ' gustos morum,' and should
have shielded the Attorney- General from the late severity of Mr.
O'Connell!
" We differ in our opinion fi'om the scribes of Mr. Saurin.
2 G
450 MEMOIR AND SPEECHES OF
The Chief Justice and the entire bench acted with the impartiality
which becomes their situations. No doubt they felt for Mr. Saurin
— for the miserable situation into which he had brought himself;
but though they might feel for him, they could not protect him.
" Mr, Saurin was himself to blame for what he suffered. He
persevered in a ridiculous and oppressive opposition, after the
unanimous disapprobation of the Court of King's Bench, previously
expressed. He wished to bring the proprietor of this paper to trial
in the absence of material witnesses. Law, reason, and humanity
■were against the Attorney-General.
" Mr. Phillips briefly but forcibly stated the application. The
Attorney-General opposed it in a long ' law argument.' He cited
the case of the Chevalier D'Eon. There was not a point of resem-
blance between the case of the Chevalier D'Eon and the King against
Magee. The Court of King's Bench observed, with pain, the Attorney-
General floundering through his lengthy drawl. If Mr. Saurin will
not put ideas in his words, he must not complain that he does not
influence the Bench. Mr. Phillips, a very young man, made the
application within the space of seven minutes. Mr. Saurin took
forty-five minutes to reply to him ! The Bench did not think it
necessary to hear any one in reply to Mr. Saurin. He had sufficiently
answered himself. They ruled against him vmanimously, and
granted the motion of Mr. Phillips.
*' This was a strong rebuke to Mr. Saurin. It is always a strong
rebuke to a lawyer, when the Court, after a long speech, decline to
hear any reply, and rule against him instanter., and unanimously.
Why did not the Attorney- General profit by this rebuke ? He did
not ; but renewed his opposition. He calls upon the Court to reverse
their own decision ; and, because they will not, his scribe assaults
the Chief Justice through the columns of the Patriot !
" Mr. Saurin and his scribe complain of harsh treatment and
' ungentlemannee' conduct! Many a time has the interest of a client
been sacrificed to what is called ^ gentlemannee' conduct. Mr. Saurin
ought not to complain. Mr. Saurin is a man of a very mild
demeanour ; and yet he has said as many wicked things, as many
harsh and severe things, as any man now in Ireland. No man should
be more slow in getting into a warm altercation than Mr. Saurin,
for no man is less able to take himself out of it. When he gets
angry, he is unable to conceal or express it. He should never assault,
for he cannot defend himself against retort.
DANIEL O'CONNELL, ESQ., M.P. 451
" Mr. Saurin ouglit to beai' his late suiferings — he ought not to
complain of them. He began — he gave the provocation. He said^
on the first motion, that Mr. Magee had sworn rashly, and that it
was nonsensical in his lawyers to advise him that those witnesses
were material. All this was very wrong in Mr. Saurin. Is no one
to have feelings but him ? Shall there be no sympathy but for Mr.
Saurin ? Must Mr. Magee and his bar of lawyers quietly lie down
under this imputation ? No ; it was answered by Mr. Finlay. On
behalf of the bar who advised Mr. Magee, he said that ' any man
of that bar, the humblest man of that bar, was as incapable of
advising any man to the crime of swearing a rash oath, as the
Attorney- General himself.' And, with respect to Mr. Magee, he
said to Mr. Saurin, that in the purest hour of his life, he, Mr.
Saurin, was as capable of swearing a rash oath as the man against
whom he had directed the unworthy and groundless imputation !
" Was the Court to interfere for' the protection of the Attorney-
General, against an attack provoked by indignation, at his presuming
to set up his own assertion against the uncontradicted oath of a
respectable gentleman ?
" Mr. O'Connell objected to his using the indictment on the
motion, because the crown had given no notice that they would make
use of that instrument, and of course the defendant was unprepared
with a copy in his hands to correct any misstatement which the
Attorney-General might make. But when the Atttorney- General
did begin to quote from the instrument, why should he not have
made his quotations fairly and truly. He said Mr. Magee was
indicted as proprietor of a newspaper. Mr. O'Connell denied the
fact, and appealed to the indictment. The Attorney-General said
that he was indicted for calling the Duke a murderer. Mr.
O'Connell denied the fact, and appealed to the indictment. Does
Mr. Saurin's station give him a patent for asserting things not true ?
And must it be deemed insolence in others to bind him to the law
and the fact ?
*' The Court could not have protected Mr. Saurin, because, in the
honest feeling of impartiality, they felt that he deserved more than
he suflered, and that he had provoked all that he had received."
Symptoms of more divisions among the members of the board
showed themselves on the 10th of July, when letters were
handed in by the secretary, Edward Hay, from Francis Goold
452 MEMOIR AND SPEECHES OF
and Mr. James O' Gorman, which were understood to contain
personal attacks.
On this ground, Mr. Mahon objected to their being publicly
read.
" Mr. O'Connell said, that if the fact was as had been stated
(but he was very loth to believe that these letters of Sir Francis
Goold and Mr. James O' Gorman contained attacks upon individuals),
they ought not to be published without having undergone a previous
inquiry. For Mr. O'Gorman he had a very sincere regard, and
claimed his friendship ; but on a general principle he made this
objection. The pi'inciple was this, that if any person were at liberty
to attact others by letter, it might be done with impunity. A person in
India, for example, might thus assail either of those gentlemen, the
learned baronet or Mr. O'Gorman, or any other member of the
board. The individuals thus attacked would have no opportunity of
righting themselves, by inflicting that chastisement which an unfounded
and insolent letter might merit. (Applause.) It was on this prin-
ciple, and without any allusion to the present letters, that he would
support Mr. Mahon's motion.
" Mr. O'Connell took the present opportunity to state a fact whicli
had just come to his knowledge. The question of religious liberty
had been debated in the Presbyterian Synod of Ulster a few days
back ; it was introduced by that venerable and enlightened advocate
of liberty of conscience, the Rev. Steele Dixon; and, after a full
and ample discussion, it was carried with the most perfect triumph.
" One hundred and thirty of the clergy and elders of the Preby-
terian Church, loudly and unanimously declared themselves in favour
of extending religious freedom to every man ; eight only opposed it,
and those eight have since expressed their regret, that motives of
respect and difference for the opinions of some noble lords, &c.,
(motives with them) had been the occasion of their opposition, but
that in sentiment they fully accorded with the majority. Therefore,
the transactions of that day must be considered a great and signal
triumph, not simply for the cause of the Catholics, but for that of all
those who suffer for a conscientious adherence to the creed they
believe best.
" He would prefer giving notice of a motion of thanks to the Synod,
to be passed next Saturday, to proposing it at the present moment.
DANIEL O'CONNELL, ESQ., W.P. 453
though he was certain if he were to do so, it would be carried witlx
acclamation, and no person found to enforce the standing order ; but
he chose to postpone it till next meeting, that it might come with that
dignity and weight, which a regular notice and a week's deliberation
would bestow upon it. (This notice was received with the loudest
approbation.)
" Mr. M'Donnell brought forward an address to Henry G rattan.
" Mr. O'Connell fully agreed in the princii^le of gratitude to Mr.
Grattan which the address conveyed ; but at this moment above all
others, it was necessary that they should be distinctly understood.
He said it came highly recommended when offered by the most
respectable gentleman who had proposed it, but still there were some
phrases in it which, he was bound to say, he could wish to see altered.
"We could not (he continued) be sufficiently profuse in the
expressions of 'gratitude and veneration for that distinguished
character. It was impossible to do justice to a name which was the
boast and glory of every Ii'ishman. (Hear, hear.)
" The splendour of Grattan's talents had been eclipsed by the noble
integrity of his heart ; and he was the brightest ornament of his
native land, which he had so eminently served. If she had fallen
again, and had again to commence the career of national freedom, no
fault could be attributed to Henry Grattan, who had waked her first
to independence, and fought the manly and the good fight for her
liberties. His eloquence could never have been equalled ; but if the
other anti-Unionists had equalled him in other points — if they had
caught one spark of his valour, Ireland would not now be a province,
nor would stupidity and heavy ignorance have battled their way to
judicial station, and profited by the extinction of our country !
" With these sentiments warm and glowing in my breast, I have
at the same time another duty — a more sacred duty — the duty I owe
to Ireland.
" It consists in having her cause — for the cause of religious liberty
is her cause — brought forward in the only manner that can be deemed
compatible with our interest, and with our honour. I do, therefore,
with great respect, beg leave entirely to controvert the assertion of
my friend Mr. M'Donnell. I beg leave to deny that Mr. Grattan
has done the best he could for us, during the present session.
"Was it the best to agree to the double Veto ? Was it the best to
consent, that the secretary's clei'k at the Castle should have the
nomination of the hitherto, and now venerated and venerable prelacy
454 MEMOIR AND SPEECHES OF
of Ireland ? Was it the best to talk of securities ? To countenance
that insult alike to our understandings, and to our hearts — that insult
which says, that in subjection and in degradation, the Catholics will
continue faithful, but that from participation in the benefits of the
constitution, disloyalty is to ensue — and hence, that ' securities' are
requisite ! !
" I will not follow this exasperating topic ; but I will say, that
the sacred duty that I owe to this ' mine own, my native land,'
impels me to say, that Henry Grattan was greatly and grievously
mistaken in this session of parliament.
" I only require that we should reconcile these concurrent duties.
Let us thank Grattan with all the veins of our hearts, but let us not
use a single expression which can, by any construction whatsoever,
be tortured into any approbation of the late very mistaken and mis-
chievous bill. I do not require, nor would I consent, that any trace of
ill-humour or reproach should be found in our address ; but I would
wish that you should suggest to him his former glories in the cause
of ' SIMPLE REPEAL,'* and entreat of him again to adopt for the
motto of his country, and her watchword in the war of parliament)
' SIMPLE REPEAL !' (CllCerS.)
" I am anxious to infix this truth on the minds of all our parlia-
mentary friends, that it is for the great principle of religious liberty
that we contend, and not for individual advantages to the Catholic
body. Let the sentiment be the main idea of every address, as well
as of every petition ; and though we may be defeated, we shall never
again be disgraced !
" I would, under these circumstances, earnestly press upon my
esteemed friend to postpone the address to Mr. Grattan for the
present; to consent to have it referred to the sub-committee, in order
to have it modelled upon the principle and in the manner that I
suggest. It will not be the less complimentary to Mr. Grattan for
being the work of deliberation, and it clearly will be moi'e useful and
more honourable to ourselves.
* Alluiiiug to the discussions of 1782, when the question was, whether the
Irish parliament would consider its independence sufficiently vindicated, and
asserted by the mere repeal of the Act of the English parliament in the sixth
year of the reign of George the First, by which the latter claimed and usurped
legislative authority over Ireland, or whether an express renunciation of this
usurped legislative authority should be insisted on.
Grattan was for " suwp/e Repeal," Flood for the express renunciation. The
first was obtained in 1782, and the second, the year after, viz., 1783, by the
23d Geoi-ge III., ciiapter 28, declaring our legislative and judicial indepen-
dence "ESTABLISHED fOR EVER" ! ! !
DANIKL O'CONNELL, ESQ., M.l". 455
" Upon this subject let us not have — I trust we shall not have —
any division. Our country has suffered for centuries from degrada-
tion and oppression, brought on her, and perpetuated by her internal
divisions. First, the Irish were divided amongst themselves ; then
the English were divided from the Irish ; then followed the long-
cherished divisions between the Catholics and the Protestants ; and
now yet another division is encouraged by the government. Every
individual in the Catholic body, whom the administration can in-
fluence, either directly or indirectly, is separated from the Catholic
prelates and the people. An endeavour was made to control us ; it
failed, and now the plan is secession. For my part, I rejoice at the
secession of those who desire to gratify themselves, and not to serve
their country.
" But whom do we miss ? I do not perceive the deficiency. Our
meetings, as it appears to me, have never been so crowded with the
health, and strength, and independence of the body, as since the last
and poorest attempt to stay our majestic onward course towards the
temple of concord and freedom. (Cheers.)
" Let us, then, concur in the two leading features of this address —
gratitude — eternal gratitude to Grattan ; fidelity — unalterable fide-
lity to our country. To combine both, I move that the address
which has been this day brought forward and read by Mr. M'Donnell,
be referred to the sub-committee to report upon this day week."
After a conversation of some length between Mr. O' Connell
and Mr. Mahon, Dr. Dromgoole and Mr. O' Gorman, this
was agreed to, as were also resolutions to postpone until De-
cember, the intended dinner to the friends of religious freedom,
and to thank the Duke of Sussex for his opposition to the
Orange organization in England.
"IRISH MANUFACTURE.
" Mr. 0' Connell brought forward his promised motions on this
subject. They are three in number. He prefaced each resolution
by appropriate and pointed obsei'vations.
" The first resolution is, that no member be allowed to speak or
vote at the board after the 1 st of August, who shall not be cloathed
in Irish manufacture.
456 MEMOIR AND SPEECHES OF
" The second, lliat the ladies of Ireland be entreated to encourage
the wear of their native manufacture, and not to introduce any other.
" The third, that a committee of seven be appointed, for the pur-
pose of calling upon the Protestant gentlemen of the country to form
' Ah Association for the encouragement of consumption of Irish
Manufactured The resolutions were all received with loud ap-
plause, and were passed by acclamation."
The following gentlemen were then appointed upon this
committee : —
Mr. O'Connell, Counsellors O'Gorman and
Mr. Richard O'Gorman, Finn, and
Doctor Sheridan, R. O'Bryan, Esq.
E. Cox, Esq.
Mr. O'Connell then moved that his resolutions should be
printed in the liberal papers of Dublin, and in the liberal prints
of Limerick, Cork, Waterford, Kilkenny, and Clonmel, and in
a Belfast paper.
This was also agreed to, and the meeting adjourned.
On Tuesday, the 20th July, Mr. Saurin moved the Court of
King's Bench, " that the case of the King against Magee, in
consequence of the continued absence of Messrs. Fitzgerald,
Pole, Peele, and Sir Charles Saxton, witnesses for the defen-
dant, should stand over to Monday, the 26th," which was
accordingly granted.
On the preceding Saturday, the ITth of July, the address to
Mr. Grattan was reported to the Catholic board by its original
proposer, Mr. M'Donnell.
In the course of his speech on this occasion, he alluded to the
continued absence of several members of the board, who had
formerly been constant attendants, and had taken an active part
in its proceedings.
This allusion had reference chiefly to the parties who had
made themselves prominent in opposing the vote of thanks to
the Catholic bishops, and who, since the triumphant carrying of
that motion in aoofregate meeting, had secluded themselves in
high dudgeon at their well-merited discomfiture.
DANIEL O'CONNELL, ESQ., M.P. 457
The adoption of the address, which had been altered, as
agreed upon, at the preceding meeting, and, therefore, while
highly complimentary to Mr. Grattan, contained nothing that
could be held to involve any species of tolerance towards the
" securities' of his " Relief" Bill, was seconded by Mr.
O'Connell.
" He said, that in seconding this address, he did not think it
necessary to take up one moment in recommending it to the board.
He relied upon its being carried with the most perfect unanimity ;
and when he rose to second it, he only meant to give it all the
strength which his individual expression of the gratitude due by
Ireland to Mr. Grattan could impart.
" No man in the community felt more sensibly the great
debt which we all owe to Mr. Grattan than he did ; and he was
happy that he could make ample acknowledgment of its justice
and magnitude, without conceding either his religion or the steady
principle of simple repeal, upon which alone the Catholics were
determined to stand. The clauses, the arrangements, the details,
the provisions, the enactments, the restrictions, which would deprive
the Irish people of the one, and which were totally inconsistent with
the other, were not of Mr. Grattan's invention. These subjects
were not now touched upon with any retrospective view. The
address speaks prophetically. It tells Mr. Grattan that he has
always had the hearts of the Irish people, and that in future he shall
have their full judgments.
" It was immaterial whether their petition should succeed in the
next session or not ; the cause was proceeding with a rapid and
steady pace, gaining daily additional strength as it went along. He
was sorry that he could not agree with his most respectable friend,
Mr. M'Donnell, in any part of the late bill. It was unnecessary,
after the very powerful manner in which that gentleman had con-
demned the interference with the clergy, to say anything upon that
part of the bill ; the sentiments expressed by Mr. M'Donnell were
only those of the public in general, and any feeble cry that has been
attempted to be raised in favour of the clauses, only made the ex-
pression of this feeling the more marked. But he was bound to
say, that none, even of the political enactments of the bill, deserved
approbation.
" He entreated his respected friend to permit the legal men of the
458 MEMOHl AND SPEECHES OF
board, merely as barristers (if not lawyers), to declai*e their opinion
upon it, as upon matter of law. And this opinion he unequivocally
declared was, that the bill, had it passed into a law, would have been
totally inefficient — would have done nothing. In the House of Com-
mons and in the higher ranks of the army, some trifling benefit
might have accrued from it to a few ambitious Catholics, but in
respect to the great mass of the people, they would have gained
nothing by it. Taxation without representation, and the numerous
other crying grievances which they endure, would have been left
wholly unaffected by its operation. This he asserted as the opinion
of the barristers of the Catholic board, and if it shall be contradicted
by anything like argument in the public papers, he pledged himself
to support the assertion.
" There was now upon the table an abstract of the bill, which had
been prepared by Mr. Charles Butler for the emancipation of the
Catholics : and he felt himself bound to say, that he had never met
anything which appeared to have been drawn up in more complete
ignorance of the penal laws which aggrieve the Catholics of Ii'eland,
and that if it had passed into a law, it would have been totally
useless. Mr. Butler (he said) is an expert penman, who writes
a great deal, and if he shall contradict in print his (Mr. O'Connell's)
assertion, he will, for the information of the gentleman and the
public, quote the statutes which would render his bill a nullity.
" He (Mr. O'Connell) spoke this that the people might know that
bad bills had been prepared ; and for the purpose of informing any
known person, who took an interest in the affairs of the Catholics,
that if a bill for their emancipation was wanted, and the board were
to be called upon to produce one, the frame of such a bill was ready,
and should be instantly produced."
Mr. O' Gorman again introduced his motion for the address
to the Spanish Cortes, and moved for a committee on the
subject.
" CATHOLIC BOARD— SPANISH CORTES.
" Mr. O'Connell (says the leading article of the Freeman^ s Jour-
nal of Monday," July 19, 1813), argued, at much length, in favour of
the policy of the measure, and took occasion to answer three objections
to it which were urged by many out of doors, and by one, among
the rest, who was, from a multitude of reasons, which were peculiar
DANIEL O'CONNELL, ESQ., M.P. 459
to himself, deserving of the most profound attention and respect, his
Royal Highness the Duke of Sussex.
" The first objection he stated was, that the measure would be going
out of the line of petitioning, and subjecting the board to the pre-
tence and purpose of imputation of the enemies of emancipation.
The second was, that it was calculated to afford the opponents of
emancipation ground for cavilling on the score of foreign influence.
And the third, that it proposed a violation of the spirit of the
constitution, inasmuch as it sought an irregular and illegal inter-
ference of the executive branch in the peculiar province of the
legislature.
" The substance of Mr. O'Connell's answer to the first of these
objections was, that applying to the allies of G-reat Britain for their
intercession, was not more out of the line of emancipation, by legal
and constitutional means, than applying to any subject, or class of
subjects, of Great Britain — such, for instance, as Mr. Grattan, or the
Synod of Ulster — for their assistance ; and that the quibbling of
pretence and purpose had entirely ceased since the Attorney-General,
by prosecuting the delegates, had converted the committee into a
board, and satisfied himself that they were not what they never pre-
tended to be — a representative body.
" The answer to the second was, that the foreign influence involved
was exactly the opposite to that which was ever apprehended by any
of the opponents of emancipation ; it was not a foreign power in-
fluencing the Irish Catholics, but it was the Irish Catholics influenc-
ing a foreign power.
" The answer to the third was, that though it might seem at first
sight a sort of violation of the brilliant theory of the constitution,
yet it was, in fact, in entire conformity with every day's practice.
No session of parliament sits without producing a recommendation
from the executive. And surely it was this kind of interference on
the part of his Majesty in 1793, which produced the important ex-
tension of privilege which the Catholics now enjoy."
The pressure of prior business at this meeting compelled a
postponement of the motion of Mr. O'Connell, relative to the
Presbyterian Synod of Ulster.
" On the succeeding Saturday he, however, brought it forward.
He said he had to call upon the board to carry out their intention of
460 MEMOIR AND SPEECHES OF
thanking that very important body, the Synod of Ulster, for the late
vote of the members composing it, in favour of religious liberty. The
learned gentleman (say the reports of the Post and Freeman,) pre-
faced the motion by a speech of some length, and delivered it with his
wonted eloquence. He touched upon a variety of topics, having
reference to, or bearing upon, the subject matter of his motion. The
late decision of the Synod of Ulster he considered perfectly unani-
mous, for the eight individuals who had opposed have since that time
declared, that in sentiment and feeling, they were in perfect accord-
ance with the majority.
" He looked upon it as one of the most important, auspicious, and
gratifying events which had occui'red for a considerable period.
Divisions had ever been the ruin of Ireland; they yet pui-sued and
scourged her ; but the declai*ation of the Synod of Ulster, in favour
of religious liberty, was an earnest, he hoped, for the banishment of
them from amongst us in future. It Avas not to be expected, how-
ever, that an evil, which had not only been suffered to exist, but had
actually been encouraged, and, in consequence, had grown to a
melancholy extent indeed, should be all at once overcome.
" The Synod of Ulster had done their part. They had set a noble
example : let it be met by a corresponding spirit, and be imitated
throughout the country.
" The enemies of Ireland having had long experience of the efficacy
of divisions in forwarding their purposes, had never lost sight of
promoting them. There were two sorts of divisions, which were
peculiarly fatal, and should be guarded against with the utmost
care. One — the lesser kind — was, divisions amongst the Catholics
themselves ; the other — and the greater — was, that which would
separate the Presbyterian, the Quaker, and all the other numerous
classes of Dissenters from the Catholics, and from each other.
" "With respect to the first kind of division, he was proud to say,
that the great body of the Irish Catholics were unanimous in their
determination to knock at the gate of the temple of liberty, and tem-
perately, but firmly, and with the port of men, demand admittance.
Knowing this to be the spirit which animated the body, he was
prepared to say, that if any Catholic, no matter what were his rank
and property, seceded from them, he only made an outlaw of himself,
and inflicted no injury upon the cause.
" And with respect to the second kind of division, the declaration
of the Synod of Ulster was a gratifying proof, that good sense, reason,
DANIEL O'CONNELL, ESQ., M.P, 461
and patriotism were beginning to triumph over the distractions which
had so long disfigured Ireland.
" It was with pain he found himself compelled to say that many of
the clergy of the Established Church were very hostile to the just
claims of their fellow-countrymen and fellow-Christians, who sought
liberty to worship God according to the dictates of their consciences.
This was particularly observable during the late elections. "Where-
soever a gentleman, whose principles were tolerant, appeared as a
candidate, he was sure to be encountered by a host of the votes of the
clergy. Dr. St. Lawrence and that gallopping, preaching gentleman,
his son, were proofs of this when, at Cork, they strenuously opposed
Mr. Hely Hutchinson. It was true, there were many illustrious ex-
ceptions which only proved the general rule.
" It was gratifying, however, to remark, that this illiberality was
confined to the clergy, and even amongst them to the beneficed ones.
The laity — the respectable and uninfluenced laity — were all favour-
able to the rights of their fellow-men and fellow-subjects ; but,
while this afforded matter for warm congratulation, it was impossible
to avoid regretting, that the practice of the established clergy should
be so widely different from those doctrines of peace and charity
which they are so liberally paid for teaching. He was willing to
hope, notwithstanding all that could be done, their efforts and the
efforts of those who set them in motion, would prove ineffectual ;
that every odious distinction would be obliterated ; and that every
man in this country would be ambitious for one title, and one title
only, that of Irishmen ! (Loud cheering.)
" The Synod of Ulster talks of the constitution. He perfectly
agreed with the Synod, in what it had said in that respect. All he
required, all the Catholics required, was Emancipation to the extent
of the constitution ! — Emancipation agreeable to the pri7iciples of
the revolution ! Those principles were plain, indisputable, and well
understood — they were liberty to the people to choose their own
religion and their governors. The Catholics merely seek religious
freedom. The revolutionists changed their king, because he was
not of the religion of the people, and refused to be governed by any
person who would not adopt that religion. The Catholics, however,
seek no such change, and nothing beyond what he had said.
" He had but one observation more. The great object of his life,
and that which he had in view at present, was to defeat and put
down any man who should attempt to excite discontent, or disloyalty,
462 MEMOIR AND SPEECHES OF
or disunion amongst the people. Union and harmony were the great
and healing balsams which he wished and hoped to see applied to
the wounds of his country.
*' Mr. O'Connell concluded with the following resolution : —
" Resolved — ' That our warmest gratitude is due to the clergymen and elders
composing the Very Reverend Board the Synod of Ulster — for the patriotism
which suggested, and the cordiality which has accompanied their late declara-
tions in favour of religious liberty.
* ' * And we trust, that the spirit of fraternal aflfection will thus be renewed
amongst all classes of Irishmen.'
"IRISH MANUFACTURE.
*' Mr. Fyans begged to call the attention of the board to the state of
the cotton manufacture. Numbers of most industrious, honest, and
praiseworthy families, are at this moment plunged in the utmost
misery, from the cotton manufacturers being unable to afford them
employment, in consequence of the superabundance of goods on
hands. He was sure that Irishmen would be glad to seize the
opportunity of rescuing these manufacturers from the imminent
wretchedness with which they were surrounded, particularly when
it could be done, not only without loss, but with absolute advantage.
" What he wished was, that the committee of Irish manufacture
might be directed to take particularly into their consideration, the
state of the cotton trade, and to recommend, and take measures to
promote the consumption of muslins, calicoes, and corduroys. If
these articles were at all patronised, the working classes who were
very well disposed, would be quiet, happy, and contented ; their
numerous families preserved from the deplorable consequences that
want will not fail to produce ; and the purchaser, along with the
happiness of having contributed to effect these meritorious objects,
will make a saving of thirty per cent. (Great applause.)
" Mr. O'Connell moved that Mr. Fyan's name be added to the
committee, which being carried, the learned gentleman went on*
He said, that he regretted much to find, that opposition had been
made to the consumption of the cotton manufacture, even by persons
engaged in this traffic. This arose from confined and narrow views,
and he trusted, would be overcome. But he thought, it was useless
for the Catholic board to speak, if it did not act. It would be guilty
of a great crime indeed, if, after promising those poor people to find
work for them, it were to content itself with the mere promise,
DANIEL O'CONNELL, ESQ., M.P. 463
instead of the performance. With this impression upon his mind,
he was anxious to bring forward some measure which might give
effect to the resolutions already passed. The cotton manufacturers,
in particular, were suffering the extreme of misery. The present
period of the year is that which their fabrics may best be used ;
and he had reason to know that if the sale of English goods were
to be suspended but for one day in this city, and that of Irish sub-
stituted, there would not be a single piece of goods left on hands !
It was idle for gentlemen to talk of public spirit, and of patriotism,
or even of common humanity, if the knowledge of such a fact as
this did not inspire them to deeds as well as words. Upon making
up the annual accounts of the sale of the cotton manufacture, it was
clearly established, that there is not so much of the Irish manu-
facture sold in the entire year, as of the English in one day ! !
Could any person with Irish feelings listen to this statement, and
refuse to make the slight sacrifice of purchasing the work of his
countrymen in preference to English manufacture, which he might
suppose better or handsomer ? But, in point oi fact, it was not either
handsomer or better. The manufacturer of all kinds of clothing
had much improved under all its discouraging circumstances. What
perfection may it not arrive at, if it but receive the countenance of
the inhabitants ? It was only yesterday that the cloth he wore had
been taken by an English merchant for the manufacture of his own
country. ' It is so good,' said he, ' it must be English ;* but Mr.
O'Connell had replied, that he was proud to say, ' it must be good,
because it is Irish.'
" The learned gentleman expressed a strong wish that the use of
the Irish corduroy and velveteen might be promoted amongst the
peasantry. He said, that when England was at peace with America,
she made up immense parcels of these goods and disposed of them
there. They were of a very inferior description — no matter how
coarse — they were good enough for the native negro slaves in the
Southern States, and for the Irish imported slaves in the Northern.
But when this fruitful market was shut up, those goods were sent to
Ireland, as a substitute for the manufacture of this country, which
had been in use while the English fabrics went to America. In
Ireland, they found a ready consumption, and soon superseded the
home manufacture, though of an infinitely worse and more unlasting
quality. The Ii'ish cottons might, at the first price, be dearer, but
they were eventually much cheaper, for they gave tiviee the length
464 MEMOIR AND SPEECHES OF
of service. He said he was sure he might calculate upon the assist-
ance of the patriotic Press of Ireland ; for the aid and friendly
disposition of the Freeman's Journal, the Dublin Evening Post,
and the Evening Herald, he would venture to answer. With the
support of the independent Press, and the individual exertions of
the members of the committee, he hoped much might be effectuated.
" The learned gentleman now moved his first resolution, which is,
that each member of the board sign and give in to the secretary the
following declaration : —
'• ' I declare, upon my honour, that I will not speak or vote in the Catholic
board in any other dress than one of Irish manufacture.'
"Mr. O'Grorman thought that every man who appeared at the
board should make a similar declaration.
" Doctor Dromgoole said, that five persons are sent from each
parish to the board. Let those five make a declaration, in addition
to the above, that they will not suffer the use of any manufacture
except Irish in their families. Let them also make individual ap-
plication to their neighbours and acquaintances, Protestants, Ca-
tholics, and Dissenters, to prohibit any article not of home fabric in
their families, and then we may expect to see the manufacturers
happy and contented. Individual application and exertion (said the
learned Doctor) will do much more service than any general appeals,
which are usually forgotten as soon as perused. (This suggestion
met great and deserved applause.)
" Mr. O'Gorman followed, after which the resolution was put and
carried unanimously.
" Mr. O'Connell then moved his next resolution on this subject,
which is —
" ' That the different counties be recommended to take this subject into their
consideration at their ensuing meetings.'
" Mr. O'Gorman begged leave to second it, and said he should
move upon the subject in the county of Clare.
" Mr. Roche declared a similar intention respecting the county
Westmeath.
" This resolution also passed unanimously.
" After it was agreed that the correspondence of the board should
be referred to the committee of accounts, Mr. McDonnell left the
DANIEL O'CONNELL, ESQ., M.P. 465
cliair, aud the names of Mr. Bagot and Mr. O'Gorman were vocife-
rated from all parts of the hall at nearly the same moment.
" Mr. O'Gorman said that he would end the business by taking
the chair, which he accordingly did, and then put the question,
whether he should remain in the chair or not. No opposition being
offered, it was decided in the affirmative. Mr. Finn declared that
he had called Mr. O'Gorman before Mr. Bagot's name was
mentioned.
" Mr. Costigan deprecated very sincerely any spirit of the kind
which had just shown itself. It must do incalculable injury. It had
afforded him sincere pleasure when he saw one of the most respect-
able gentlemen of the board, and one of those who had been called
seceders, enter the hall ; but, really, if such violent ebullitions of
party feeling were encouraged, it would drive away every moderate
and reasonable man from their meetings.
" Mr, O'Connell was much surprised to hear of seceders and se-
cessions. If some gentlemen chose to remain away, they might do so
without being missed. The people could do without them.
" Mr. Bagot was about to speak, when Mr. O'Gorman rose and
said, that he felt himself in an awkward situation. (Not at all, not at
aU.) The business for which he had been called to the chair, was
merely to return thanks to the former worthy chairman, and he
really did not know whether he could suffer a discussion like that
which was commencing to proceed. (Hear Mr. Bagot, hear Mr.
Bagot.)
" Mr. Bagot hoped he should be permitted to say a few words in
explanation, rendered necessary by the mention which had been
made of his name. Great as was the respect which he entertained
for the high distinction of chairman of the Catholic board, and
gratified as he should certainly be, by being thought worthy of that
situation, he had no wish to put his claims in opposition to those of
the learned gentleman whom he was then addressing. He should
beg leave to decline any such competition. He found that his name
had been coupled with a term that had lately become familiar. He
meant the term seceder. He begged leave to say, that he never had
seceded from the Catholic cause, or from the Catholic hoard,
(Loud applause.) And further, he solemnly declared, that his life
and every thing he possessed would be cheerfully devoted to the
success of that cause. (Loud and repeated cheering.) When he
made this declaration, he did so, not in mere general terms, but with
2 II
466 MEMOIR AND SPEECHES OF
respect to the specific object of unlimited emancipation. (Repeated
plaudits — Hear, hear, from Mr. O'Connell and Mr. O'Gorman.)
But while he thus expressed his determination to use unceasing
constitutional efforts for freedom, he must plead guilty in some part
to the charge of secession, if absenting himself from rashness, intem-
perance, and folly, was meant by secession. True it was, that
he and some respectable gentlemen with whom he had occasion-
ally the honour to act, had seceded from proceedings which they
never could approve. Finding that they were unable to stem the
torrent, tliey considered it more prudent to absent themselves, than
to render folly more flagrant by a show of opposition to it. The
expressions he made use of were strong, but he could not forget that
he had heard the sacred name of Grattan profaned (he trusted he
should be permitted to use the term) at that table.
" Mr. O'Connell was sorry that anything should have drawn forth
such observations. The gentleman had avowed himself a seceder,
and he (Mr. O'Connell) was only sorry he had come back. "Who
was it that had the folly, the flagrant folly, to charge the Catholic
board of Ireland with flagrant folly ?
"Mr. Bagot, the gentleman has mistaken me — I did not charge
the board with flagrant folly, but said I had witnessed proceedings
here which I could not consider other than rash and foolish, but I
never intended to visit the conduct of individuals upon the board
generally.
"Mr. O'Connell continued — He said the gentleman had been
pleased to make a personal allusion to him. It was true that he had
once in the fulness of his heart made use of an expression towards
Mr. Grattan, which he had afterwards publicly recanted before the
gentlemen had taunted him with it. But it was the absurd adulation
which Mr. Grattan had received that had ruined him. If good
sense were sometimes spoken, it would be useful. Had he known
the many letters he (Mr. O'Connell) had received, and the observa-
tions which had been made to him by true friends of Ireland, in
consequence of the recantation just mentioned, he would not have
received the Catholic board in a lodging, when he might have
commanded Leinster House. He would not have thrown a milk-
and-water phrase of 'conciliation' into his spiritless and aqueous
answer to the address. He would not have answered the ' simple
repeal' of the Catholics, by talking of the spirit of the last parlia-
ment, that spirit with which had originated the clauses, and arrange-
DANIEL O'CONNELL, ESQ., M.P. 467
merits and provisions. But it was easily accounted for, although the
first of patriots, Mr. Grattan, was but a man ; and if anything
completely led him astray, it was that absurd folly which induced
gentlemen to talk of profaning his name. The learned gentleman
said it was true there were some Catholics so anxious for what they
termed Emancipation, that they would be content to buy it by
delivering up themselves, and even their venerable bishops, bound
hand and foot to the secretary at the Castle ; but he trusted that, as
it had before happened, the spirit of the people would counteract such
views.
" Mr. Bagot protested, in reply, that he would not yield to the
learned gentleman, or to any one, in unshrinking devotion to the
cause of Ireland, His life, and every thing that was dear to him, he
freely embarked in that cause, and would willingly sacrifice them to
its success were they required.
" He asserted his right to express disapprobation in any way he
chose, and hoped there would be no repetition of the occasions. He
defended himself against the charge of having been a party to an
attempt to insult the clergy. He had, indeed, been one of those who,
on a late occasion, had wished to echo the conciliation which had
been held out, &c., &c.
" In conclusion, Mr. Bagot disclaimed all personal allusions in
anything he had said."
On Monday, the 26th of July, the case of the King v. Magee
was again called on.
Mr. O'Connell addressed the Court at its sitting.
" TRIAL OF JOHN MAGEE,
"Proprietor of the Dublin Evening Post, for a libel against his
Grace the Duke of Richmond.
"King's Bench, July 26, 1813.
*' The court of King's Bench was yesterday morning crowded at
an early hour, by the interest excited in this case, which had been
twice postponed, on account of the absence, as the affidavits of the
traverser stated, of witnesses material to his defence. The Chief
Justice entered the court soon after eleven o'clock, and the Clerk of
468 MEMOIR AND SPEECHES OF
tlie Crown was proceeding to call over the panel, when Mr.
O'Connell, one of the traverser's counsel, rose and spoke as follows : —
" My lord, I am to apply to your loi'dship to postpone this trial to
the first nisi prius day of next term, in consequence of the absence
of two witnesses material for the traverser's defence; and I can
undertake to state, with confidence, that if your lordship grant this
application, those w itnesses will he in attendance at that time ; my
application is grounded on three afi&davits, and is opposed by one on
the part of the Crown, by which I find there is the same anxiety to
try Magee in the absence of his witnesses, as prevailed on the former
occasions ; in the aflRdavits of Mr. Magee, one of the 28th of May,
and the other of the 5th of July, it was stated that Mr. "W. Pole, Sir
C. Saxton, and Mr. Fitzgerald were important witnesses ; the latter
gentleman is in attendance, but the two former not ; and if the Court
before agreed to postpone, on account of their absence, the same
cause now operates, and we come now with stronger documents than
before ; for we have the affidavit of service of two subpoenas ad
testificandum, and the affidavit of the English agent will be produced
to prove he transmitted £30 British, as viaticums for Mr. Pole and
Sir Charles Saxton. And what says the affidavit of the Crown
Solicitor ? Why that a letter was received from C Saxton, stating
that he had not received his viaticum. How frivolous is it to
talk of £15 preventing a high-minded gentleman doing justice
between party and party ; it is sworn by the process-server that he
believes it was Sent to the lodging-house in which Sir C. Saxton
lived, and where he learned that Sir Charles had set off for Ireland ;
the viaticum would have been personally paid if there had been
personal attendance. Mr. Magee further swears that he will apply
to the Court of King's Bench in England, for attachments for not
obejang your lordship's process.
" Chief Justice. — That attachment issues on certificate from this
Court that a viaticum was tendered.
" Mr. O'Connell. — The only certificate, I believe, my lord,
required, is a certificate of non-attendance. The process-server was
informed that Sir Charles had set out for Ireland, and if his servant
told a falsehood, why should Mr. Magee suffer ? Mr. Kemmis
makes affidavit of a letter from Sir Charles, and only presents us
with a fragment of it ; is it not strange he did not write to Mr.
Magee's ageht instead of the agent for the prosecution ? The letter
is written not to the person who wanted his evidence, but to the
DANIEL O CONNELL, ESQ., M.P. 469
person that did not. Mr. Fitzgerald did not send his excuse, but
wrote to the agent of the traverser. Were we to hunt all over
England for Sir Charles to give him his viaticum personally ? "We
have the letter of the English agent who is now in court, whose
affidavit will be sworn before this trial shall have proceeded, and in
which he states that he believes the viaticum was received. Con-
sider, my lord, the great severity it would be try a man in Ireland,
while his witness is in England. Mr. "W. Pole, it is true, has no
residence in Ireland, although here presents an Irish county, and I
am sure (said Mr. O'Coiinell) he would not peddle about fifteen
pounds ; if there had been any negligence upon the part of the
traverser, his application would come with a bad grace, but he has
done every thing in his power to induce the attendance of his
witnesses ; two fresh subpoenas have been served ; and I should hope
the case of the Chevalier D'Eon, reported in Burrowes, will not be
here debated ; in that case the witnesses were in France, and no
chance of their coming over ; but the obstacle to the attendance of
our witnesses is now done away ; they were, at the time of former
applications, attending their duty in parliament ; but that cause, which
I allow a legal one, is now done away ; up to Thursday last, their
absence is accounted for, and we can now proceed to enforce their
attendance, so that there is little doubt of their being present on the
day this trial will stand for, if your lordship grant this application.
Being now in possession of Sir Charles Saxton's last excuse, the non-
receipt of the viaticum, that shall be obviated, and that it has not
been caused by the default of Mr. Magee, Mr. Menzie's affidavit will
clearly evince. And as former postponements took place on weaker
grounds, I should hope this application will be allowed. Mr. Kemmis
cannot say he believes Mr. Magee intends to escape from justice ;
he sets out a letter of Sir C. Saxton, and does not swear that he
believes it ; by the postponement, a failure of justice cannot ensue,
but great injustice may be done if traverser be obliged to go to
trial, in the absence of his witnesses.
" Chief Justice — Do you consent, Mr. Attorney-General ?
" Attorney-General. — By no means, my lord; two of the persons
formerly absent are now present, and further postponement would be
but a mockery of justice.
" Mr. Wallace. — There is nothing to justify the expressions of a
mockery of justice ; this is not an application to postpone the
punishment, but one to the discretion of the Court to postpone the
470 MEMOIR AND SPEECHES OF
trial. Mr. Magee may be guilty of the libel, but until proved so, he is
to be considered innocent ; the Crown cannot suffer by the delay, for
judgment cannot be had till next term.
" Chief Justice. — Let me see the affidavits.
" Mr. Wallace I am glad your lordship has looked into the
affidavits ; they contain the usual ground for postponing the trial,
that justice cannot be done if the trial proceeded in the absence of
traverser's witnesses ; and am I not at liberty to assume that Sir
C. Saxton is a material witness, when it has not been contravened
by the affidavit on the other side ? It would be miserable special
pleading to say, that because the money was not actually put into Sir
C. Saxton's pocket, although he was on his way to Ireland, that,
therefore, he is justified in acting as if no viaticum at all had been
sent to him. I am sorry he conceived a viaticum at all necessary.
Two of the witnesses, the Attorney-General states, have arrived, but
we made no compromise to go to trial in the absence of the
others. I shall not trouble your lordship at greater length; but
the cardinal fact in our cause is, we have the best grounded hope
that he will attend on the day we have applied to fix the trial for.
*' Chief Justice. — This case comes before me like any other cause
at nisi prius, and I will act in it as I would on circuit. The Judge
cannot say I will not try it ; let the party prosecuting proceed at his
peril ; because two postponements have taken place before the Court,
is it to be argued, that, therefore, a third shall ? There is no fact
either stated in the affidavit or by counsel, by which the Court can
judge of the materiality of the absent witness ; one of them says he
would have attended if he had received a proper viaticum ; that
which is spoken of would not be sufficient to bring persons of their
rank half way. I cannot consent to postpone the trial, but let the
prosecutor proceed at his own risk.
" Mr. Townsend cited the case of the King against Finney, which
afterwards went to the twelve judges, and in that case there was no
postponement.
" Mr. O'Connell. — Mr. Attorney- General will proceed, if he please ;
but it would be a mockery of justice to consent to go on in the
absence of our witnesses.
" Attorney-General My lord, it is most important that jurors
should attend when summoned.
" Chief Justice. — They have been called on £50 fines. Here a
long delay took place for want of jurors.
DANIEL O'CONNELL, ESQ., M.P. 471
" Mr. O'Coiinell I am desired by Mr. Magee, to state, that if the
postponement shall be allowed, proper viaticums shall be sent.
" Attorney-General. — I cannot consent, as I feel confident delay is
the only object in view.
" Mr. O'Connell We differ in opinion with Mr. Magee ; we do
not wish to appear if the trial proceed, but we yield to his wish that
we should. A further delay took place.
"Mr. Finlay, in a very nervous manner, then said — My lord, I
think it extremely unreasonable, since they won't wait for our wit-
nesses, that we should wait for their jury. (A general laugh.)
"Mr. Attorney-General My lord, there are but eleven jurors in
attendance, we, therefore, pray a tales ; we would, however, rather
have the panel, if your lordship will wait a short time.
Mr. O'Connell. — My lord, I am to pray to quash the panel. This
is a trial by nisi prius, and yet the panel is different from the nisi
prius one ; there are but twenty-four names, instead of thirty-six,
and the 29th of Geo. II., cap. 6, includes the case of the King against
Magee, as well as other trials at nisi prius ; tlie third section enacts,
that any sheriti" or other officer, shall annex the Christian names, &c.,
of the persons returned, who shall be in number thirty-six, and that
they shall try all the cases at nisi prius ; the sheriff has here
returned the venire, and has not returned thirty-six names ; twenty-
four only being returned ; the words of the statute are express ; the
only doubt is, whether criminal cases ai'e included ; it may be said
that party and party include the King ; the third section is a positive
enactment ; the first section has these words '■per meditatem lingua,^
which is only applicable to criminal cases, as there is no such thing
in civil cases.
" Chief Justice. — This appears, reading the statute, to apply to the
assizes.
Mr. O'Connell — And nisi prius also.
" Chief Justice. — I don't think it applies to the city of Dublin.
" Mr. O'Connell. — Then your lordship will make a note of our
motion to quash the panel. Now, my lord, we object to the array ;
there has been a misdirection of the venire ; before the statute, the
proceedings were by distringas alias, and plaries distringas ; the
venire issued in this case has been returned, and remains amongst
the records of the court. There are, at present, two venires. The
Attorney-General can appoint triers to try the fact.
" Attorney-General — They allege there are errors on the record.
472 MEMOIR AND SPEECHES OF
Your loi'dship is not sitting here to try the plea roll, but the issue
knit between the parties.
" If there be error on the record, a writ of error will lie, or a
motion may be made to arrest the j udgment.
" Mr. O'Connell — The nisi prius roll will exhibit the ground of
our objection.
Mr. Wallace. — "We could have no opportunity to challenge the
array if we did not know of the second panel.
" Chief Justice — The record is now before me and I do not see the
second venire.
"Mr. Townsend — All objections to the array are against the
officer himself, but this is for the Court above, and not to be considered
as nisi prius.
"Attorney-General. — If there be any error on the record, this is
not the place to amend it.
. " Mr. Wallace. — We contend for it ; we ai-e not to be tried by the
second jury.
" The Clerk of the Crown then read from the record, the objections
put in by the traverser's counsel ; they were put in as pleas, and were
substantially ; in the first place, that the panel was returned by the
sheriffs, under the denominations (nominations) of the Attorney-
General ; that the panel did not contain truth ; and that a distringe
did not issue on the first venire. The Attorney-General then, ore
tenus, joined issue on the first and second plea, and demurred to the
third. Triers were then appointed— Messrs. Heyland and Hamilton.
" William Goff, Esq., examined by Mr. O'Connell.
" Do you know Joseph Goff?
" I do.
"Is he not one of the persons returned on this panel ?
" I believe so.
■ " Mr. O'Connell. — My lord, we are going to prove that this person,
not having any other favour to ask of the government, expressed a
wish to be always employed as a juror in cases where the Crown was
a party ; such expressions would warrant a conclusion that his name
now appeared on the panel in consequence, of his own wishes, and
in violation, therefore, of the impartiality necessary in the formation
of juries.
" The reason why we did not pi'oduce the person himself is upon
DANIEL O CONNELL, ESQ., M.P. 473
the generul principle, that no man is bound to criminate himself. If
crown influence be proved, it will affect the Attorney-General, as
identified with the officers of the crow n."
This challenge was, after some discussion, disallowed, as the
Court would not admit hearsay evidence on the point.
The following were the jury, as finally sworn : —
Leland Crosthwaite, Martin Keene,
Thomas Andrews, Benjamin Darley,
Bladen Swiney, "William Watson,
Richard Palmer, William Walsh,
Thomas Rochfort, Richard Cooke,
Alexander Montgomery, Edward Clibborne.
Mr. Kemmis then opened the indictment, and the Attorney-
General followed.
The nature of his speech will be readily gathered from Mr.
O'Connell's reply, which has been generally considered one of
his greatest bar efforts, and which we now proceed to give.
It was on Tuesday, 27th July, the second day of the pro-
ceedings, that he was called upon to speak. We quote the
ample report of the Evening Post.
" At eleven o'clock, the Chief Justice took his seat in the court,
which was crowded from an early hour, public expectation being
much excited and interested, with respect to the proceedings and
issue of the day.
" Mr. O'Connell rose and spoke as follows :—
" I consented to the adjournment yesterday, gentlemen of the
jury, from that impulse of nature which compels us to postpone
pain ; it is, indeed, painful to me to address you ; it is a cheerless, a
hopeless task to address you — a task which would require all the
animation and interest to be derived from the working of a mind
fully fraught with the resentment and disgust created in mine
yesterday, by that farrago of helpless absurdity with which Mr.
Attorney-General regaled you.
'' But I am now not sorry for the delay. Whatever I may have
lost in vivacity, I trust I shall compensate for in discretion. That
which yesterday excited my anger, now appears to me to be an ob-
ject of pity ; and that which then I'oused my indignation, now only
474 MEMOIR AND SPEECHES OF
moves to contempt. I can now address you with feelings softened,
and, I trust, subdued ; and I do, from my soul, declare, that I now
cherish no other sensations than those which enable me to bestow
on the Attorney- General and on his discourse, pure and unmixed
compassion.
" It was a discourse in which you could not discover either order,
or method, or eloquence ; it contained very little logic, and no
poetry at all ; violent and virulent, it was a confused and disjointed
tissue of bigotry, amalgamated with congenial vulgarity. He accused
my client of using Billingsgate, and he accused him of it in language
suited exclusively for that meridian. He descended even to the
calling of names : he called this young gentleman a ' malefactor,' a
' Jacobin,' and a * ruffian,' gentlemen of the jury ; he called him
* abominable,' and ' seditious,' and ' revolutionary,' and ' infamous,'
and a ' ruffian' again, gentlemen of the jury ; he called him a
* brothel keeper,' a ' pander,' ' a kind of bawd in breeches,' and a
* ruffian' a third time, gentlemen of the jury.
"I cannot repress my astonishment, how Mr. Attorney-General
could have preserved this dialect in its native purity ; he has been
now for nearly thirty years in the class of polished society ; he has,
for some years, mixed amongst the highest orders in the state ; he
has had the honour to belong for thirty years to the first profession
in the world — to the only profession, with the single exception,
perhaps, of the military, to which a high-minded gentleman could
condescend to belong — the Irish bar. To that bar, at which he has
seen and heard a Burgh and a Duquery ; at which he must have
listened to a Burston, a Ponsonby, and a Curran ; to a bai', which
still contains a Plunket, a Ball, and, despite of politics, I will add, a
Bushe. With this galaxy of glory, flinging their light around him,
how can he alone have remained in darkness? How has it hap-
pened, that the twilight murkiness of his soul, has not been illu-
mined with a single ray shot from their lustre ? Devoid of taste and of
genius, how can he have had memory enough to preserve this original
vulgarity ? He is, indeed, an object of compassion, and, from my
inmost soul, I bestow on him my forgiveness, and my bounteous
pity.
" But not for him alone should compassion be felt. Recollect, that
upon his advice — that with him, as the prime mover and instigator
of those rash, and silly, and irritating measures, of the last five
years, which have afflicted and distracted this long-suffering countiy
DANIEL O'CONNELL, ESQ., M.P. 475
have originated — with him they have all originated. Is there not
then compassion due to the millions, vrhose destinies are made to
depend upon his counsel ? Is there no pity to those who, like me,
must know that the liberties of the tenderest pledges of their affec-
tions, and of that which is dearer still, of their country, depend on
this man's advice ?
" Yet, let not pity for us be unmixed ; he has afforded the con-
solation of hope ; his harangue has been heard ; it wiU be reported —
I trust, faithfully reported ; and if it be but read in England, we
may venture to hope that there may remain just so much good sense
in England as to induce the conviction of the folly and the danger
of conducting the government of a brave and long-enduring people
by the counsels of so tasteless and talentless an adviser.
*' See what an imitative animal man is ! The sound of ruffian —
ruffian — ruffian, had scarcely died on the Attorney-General's lips,
when you find the word honoured, with all the permanency of print,
in one of his pensioned and well-paid, but ill-read newspapers. Here
is the first line in the Dublin Journal of this day : — ' The ruffian
who writes for the Freeman's Journal.' Here is an apt scholar — he
profits well of the Attorney- Geneial's tuition. The pupil is worthy
of the master — the master is just suited to the pupil.
" I now dismiss the style and measure of the Attorney-General's
discourse, and I require your attention to its matter. That matter I
must divide, although with him there was no division, into two
unequal portions. The first, as it was by far the greater portion of
his discourse, shall be that which was altogether inapplicable to the
purposes of this prosecution. The second, and infinitely the smaller
portion of his speech, is that which related to the subject matter of
the indictment which you are to try. He has touched upon, and
disfigured a great variety of toj)ics. I shall follow him at my good
leisure through them. He has invited me to a wide field of discus-
sion. I accept his challenge with alacrity and with pleasure.
" This extraneous part of his discourse, which I mean first to
discuss, was distinguished by two leading features. The first con-
sisted of a dull and reproving sermon, with which he treated my
colleagues and myself, for the manner in which we thought fit to
conduct this defence. He talked of the melancholy exhibition of
four hours wasted, as he said, in frivolous debate, and he obscurely
hinted at something like incorrectness of professional conduct. He
has not ventured to speak out, but I will. I shall say nothing for
476 MEMOIR AND SPEECHES OF
myself; but, for my colleagues — my inferiors in professional standing,
but infinitely my superiors in every talent and in eveiy acquirement
— ^my colleagues, whom I boast as my friends, not in the routine lan-
guage of the bar, but in the sincerity of my esteem and affection ;
for my learned and upright colleagues, I treat the unfounded insi-
nuation with the most contemptuous scorn !
"All I shall expose is the utter inattention to the fact, which,
in small things as in great, seems to mark the Attorney-General's
career. He talks of four hours. Why, it was past one before the
last of you were digged together by the Sheriff, and the Attorney-
General rose to address you before three. How he could contrive to
squeeze four hours into that interval, it is for him to explain ; nor
should I notice it, but that it is the particular prerogative of dulness
to be accurate in the detail of minor facts, so that the Attorney-
General is without an excuse, when he departs from them, and when
for four hours, you have had not quite two. Take this also with
you, that we assert our uncontrollable right to employ them as we
have done ; and as to his advice, we neither respect, nor will we
receive it ; but we can afford cheerfully to pardon the vain presump-
tion that made him offer us counsel.
" For the rest, he may be assured that we will never imitate his
example. We will never volunteer to mingle our politics, whatever
they may be, with our forensic duties. I made this the rigid rule of
my professional conduct ; and if I shall appear to depart from this
rule now, I bid you recollect that I am compelled to follow the
Attoi-ney-General into grounds which, if he had been wise, he would
have avoided.
" Yes ; I am compelled to follow him into the discussion of his
conduct towards the Catholics. He has poured out the full vial of
his own praise on that conduct — -praise in which, I can safely assure
him, he has not a single unpaid rival. It is a topic upon which no
unbribed man, except himself, dwells. I admit the disinterestedness
with which he praises himself, and I do not envy him his delight, but
he ought to know, if he sees or hears a word of that kind from any
other man, that that man receives or expects compensation for his
task, and really deserves money for his labour and invention.
" My lord, upon the Catholic subject, I commence with one asser-
tion of the Attorney- General, which I trust I misunderstood. He
talked, as I collected him, of the Catholics having imbibed principles
of a seditious, treasonable, and revolutionary nature ! He seemed to
DANIEL o'CONNELL, E8Q., M.l'. 477
me, most distinctly, to charge us with treason ! There is no relying
on his words for his meaning — I know there is not. On a former
occasion, I took down a repetition of this charge full seventeen times
on my brief, and yet, afterwards, it turned out that he never intended
to make any such charge ; that he forgot he had ever used those
words, and he disclaimed the idea they naturally convey. It is clear,
therefore, that upon this subject he knows not what he says ; and
that these phrases are the mere flowers of his rhetoric, but quite
innocent of any meaning !
<' Upon this account I pass him by, I go beyond him, and I con-
tent myself with proclaiming those charges, whosoever may make
them, to be false and base calumnies ! It is impossible to refute such
charges in the language of dignity or temper. But if any man dares
to charge the Catholic body, or the Catholic board, or any individuals
of that board with sedition or treason, I do here, I shall always in this
court, in the city, in the field, brand him as an infamous and profligate
liar !
" Pardon the phrase, but there is no other suitable to the occasion.
But he is a profligate liar who so asserts, because he must know that
the whole tenor of our conduct confutes the assertion. What is it we
seek ? ........
" Chief Justice What, Mr. O'Connell, can this have to do with
the question which the jury are to try ?
"Mr. O'Connell. — You heard the Attorney -General traduce and
calumniate us — you heard him tvith patience and with temper —
listen now to our vindication !
" I ask, what is it we seek ? What is it we incessantly and, if you
please, clamorously petition for ? Why, to be allowed to partake of
the advantages of the constitution. We are earnestly anxious to
share the benefits of the constitution. We look to the participation
in the constitution as our greatest political blessing. If we desired to
destroy it, would we seek to share it ? If we wished to overturn it,
would we exert ourselves through calumny, and in peril, to obtain a
portion of its blessings ? Strange, inconsistent voice of calumny !
You charge us with intemperance in our exertions for a participation
in the constitution, and you charge us at the same time, almost in the
same sentence, with a design to overturn that constitution. The
dupes of your hypocrisy may believe you ; but base calumniators, you
do not, you cannot believe yourselves !
" The Attorney- General — ' this wisest and best of men' as his
478 MEMOIR AND SPEECHES OF
colleague, the Solicitor-General, called him in his presence — the
Attorney-General next boasted of his triumph over pope and popery
— ' I put down the Catholic committee ; I will put down, at my good
time, the Catholic Board.' This boast is partly historical, partly
prophetical. He was wrong in his history — he is quite mistaken in
his prophecy. He did not put down the Catholic Committee — we
gave up that name the moment that it was confessedly avowed, that
this sapient Attorney-General's polemica-legal controversy dwindled
into a mere dispute about words. He told us that in the English
language ' pretence ' means ' purpose ;' had it been French and not
English, we might have been inclined to respect his judgment, but in
point of English we venture to differ with him ; we told him ' pur-
pose,' good Mr. Attorney- General, is just the reverse of 'pretence.'
The quarrel grew warm and animated ; we appealed to common
sense, to the grammar, and to the dictionary ; common sense, gram-
mar, and the dictionary decided in our favour. He brought his
appeal to this court, your lordship, and your brethren unanimously
decided that, in point of law — mark, mark, gentlemen of the jury, the
sublime wisdom of law — the court decided that, in point of law,
'■pretence^ does mean ^purpose !'
" Fully contented with this very reasonable and more satisfactory
decision, there still remained a matter of fact between us : the
Attorney- General charged us with being representatives ; we denied
all representation. He had two witnesses to prove the fact for him ;
they swore to it one way at one trial, and directly the other way at
the next. An honourable, intelligent, and enlightened jury dis-
believed those witnesses at the first trial — matters were better
managed at the second-trial — the jury were better arranged. I speak
delicately, gentlemen; the jury were better arranged, as the witnesses
were better informed ; and, accordingly, there was one verdict for us
on the representative question, and one verdict against us.
" You know the jury that found for us ; you know that it was Sir
Charles Saxton's Castle-list jury that found against us. Well, the
consequence was, that, thus encouraged, Mr. Attorney-General pro-
ceeded to force. We abhorred tumult, and were weary of litigation ;
we new-modelled the agents and managers of the Catholic petitions ; we
formed an assembly, respecting which there could not be a shadow of
pretext for calling it a representative body. We disclaimed representa-
tion ; and we rendered it impossible, even for the virulence of the most
malignant law-officer living, to employ the Convention Act against us
DANIEL O'CONNELL, ESQ., M.P. 479
— that, even upon the Attorney-General's own construction, requires
representation as an ingredient in the offence it prohibits. He
cannot possibly call us representatives ; we are the individual servants
of the public, whose business we do gratuitously but zealously. Our
cause has advanced even from his persecution — and this he calls
putting down the Catholic Committee !
" Next, he glorifies himself in his prospect of putting down the
Catholic Board. For the present, he, indeed, tells you, that, much as
he hates the papists, it is unnecessary for him to crush our board,
because we injure our own cause so much. He says that we are very
criminal, but we are so foolish that our folly serves as a compensa-
tion for our wickedness. We are very wicked and very mischievous,
but then we are such foolish, little, criminals, that we deserve his
indulgence. Thus he tolerates offences, because of their being com-
mitted sillily ; and, indeed, we give him so much pleasure and
gratification by the injury we do our own cause, that he is spared the
superfluous labour of impeding our petition by his prosecutions, fines,
or imprisonments.
" He expresses the very idea of the Roman Domitian, of whom
some of you possibly may have read ; he amused his days in torturing
men — his evenings he relaxed in the humble cruelty of impaling flies.
A courtier caught a fly for his imperial amusement — ' fool,' said the
emperor, ' fool, to give thyself the trouble of torturing an animal that
was about to burn itself to death in the candle !' Such is the spirit
of the Attorney- General's commentary on our board. Oh, rare
Attorney- General ! — Oh, best and wisest of men ! ! !
" But, to be serious. Let me pledge myself to you that he imposes
on you, when he threatens to crush the Catholic Board. Illegal
violence may do it — force may effectuate it ; but your hopes and his
will be defeated, if he attempts it by any course of law. I am, if not
a lawyer, at least, a barrister. On this subject I ought to know
•something, and I do not hesitate to contradict the Attorney- General
on this point, and to proclaim to you and to the country that the
Catholic Board is perfectly a legal assembly — that it not only does
not violate the law, but that it is entitled to the protection of the law,
and in the very proudest tone of firmness, I hurl defiance at the
Attorney-General !
" I defy him to allege a law or a statute, or even a proclamation
that is violated by the Catholic Board. No, gentlemen, no ; his
religious prejudices — if the absence of every cliarity can be called
480 MEMOIR AND SPEECHES OF
anything religious — liis religious prej udices really obscure liis reason,
his bigoted intolerance has totally darkened his understanding, and
he mistakes the plainest facts and misquotes the clearest law, in the
ardour and vehemence of his rancour. I disdain his moderation — I
scorn his forbearance — I tell him he knows not the law if he thinks
as he says ; and if he thinks so, I tell him to his beard, that he is not
honest in not having sooner prosecuted us, and I challenge him to
that prosecution.
" It is strange — it is melancholy, to reflect on the miserable and
mistaken pride that must inflate him to talk as he does of the Catholic
Board. The Catholic Board is composed of men — I include not
myself — of course, I always except myself — every way his superiors,
in birth, in fortune, in talents, in rank. "What ! is he to talk of the
Catholic Board lightly ? At their head is the Earl of Fingal, a
nobleman whose exalted rank stoops beneath the superior station of
his virtues — whom even the venal minions of power must respect.
We are engaged, patiently and perseveringly engaged, in a struggle
through the open channels of the constitution for our liberties. The
son of the ancient earl whom I have mentioned cannot in his native
land attain any honourable distinction of the state, and yet Mr.
Attorney- General linows that they are open to every son of every
bigoted and intemperate stranger that may settle amongst us.
" But this system cannot last ; he may insult, he may calumniate,
he may prosecute ; but the Catholic cause is on its majestic march ;
its progress is rapid and obvious ; it is cheered in its advance, and
aided by all that is dignified and dispassionate — by everything that is
patriotic — by all the honour, all the integrity of the empire ; and its
success is just as certain as the return of to-morrow's sun, and the
close of to-morrow's eve.
" We will—rwe must soon be emancipated, in despite of the
Attorney-General, aided as he is by his august allies, the aldermen
of Skinner's-alley. In despite of the Attorney- General and the
aldermen of Skinner's-alley, our emancipation is certain, and not
distant.
*' I have no difficulty in perceiving the motive of the Attorney-
General, in devoting so much of his medley oration to the Catholic
question, and to the expression of his bitter hatred to us, and of his
determination to ruin our hopes. It had, to be sure, no connection
with the cause, but it had a dix'ect and natural connection with you.
He has been, all his life, reckoned a man of consummate cunning
DANIEL O'CONNELL, ESQ., M.P. 481
and dexterity ; and whilst one wonders that he has so much ex-
posed himself upon those prosecutions, and accounts foi* it by the
proverbial blindness of religious zeal, it is still easy to discover much
of his native cunning and dexterity. Gentlemen, he thinks he knows
his men — he knows you ; many of you signed the no-popery peti-
tion ; he heai'd one of you boast of it ; he knows you would not
have been summoned on this jury, if you had entertained liberal
sentiments ; he knows all this, and, therefore, it is that he, with the
artifice and cunning of an experienced nisi prius advocate, endea-
vours to win your confidence, and command your affections by the
display of ffis congenial illiberality and bigotry.
" You are all, of course, Protestants ; see what a compliment he
pays to your religion and his own, when he endeavours thus to
procure a verdict on your oaths ; when he endeavours to seduce
you to what, if you were so seduced, would be perjury, by indulging
your prejudices, and flattering you by the coincidence of his senti-
ments and wishes. Will he succeed, gentlemen ? Will you allow
him to draw you into a perj ury out of zeal for your religion ? And
will you violate the pledge you have given to your God to do justice,
in order to gratify your anxiety for the ascendancy of what you
believe to be his church ? Gentlemen, reflect on the strange and
monstrous inconsistency of this conduct, and do not commit, if you
can avoid it, the pious crime of violating your solemn oaths, in
aid of the pious designs of the Attorney- General against popery.
** Oh, gentlemen ! it is not in any lightness of heart I thus address
you — it is rather in bitterness and sorrow ; you did not expect
flattery from me, and my client was little disposed to offer it to you ;
besides, of what avail would it be to flatter, if you came here pre-
determined, and it is too plain that you are not selected for this
jury from any notion of your impartiality ?
" But when I talk to you of your oaths and of your religion, I
would full fain I could impress you with a respect for both the one
and the other. I, who do not flatter, tell you, that though I do not
join with you in belief, I have the most unfeigned respect for the
form of Christian faith which you profess. Would that its sub-
stance, not its forms and temporal advantages, were deeply im-
pressed on your minds ! then should I not address you in the cheerless
and hopeless despondency that crowds on my mind, and drives me to
taunt you with the air of ridicule I do. Gentlemen, I sincerely respect
and venerate your religion, hut I despise and I now apprehend
2 1
482 MEMOIR AND SPEECHES OF
your prejudices, in the same proportion as the Attorney-General
lias cultivated them. In plain truth, every religion is good — every
religion is true to him who, in his due caution and conscience, believes
it. There is but one bad religion, that of a man who professes a
faith which he does not believe; but the good religion may be, and
often is, corrupted by the wretched and wicked prejudices which
admit a difference of opinion as a cause of hatred.
*' The Attorney-General, defective in argument — weak in his cause,
has artfully roused your prejudices at his side. I have, on the
contrary, met your prejudices boldly. If your verdict shall be for
me, you will be certain that it has been produced by nothing but
unwilling conviction resulting from sober and satisfied judgment. If
your verdict be bestowed upon the artifices of the Attorney- General,
you may happen to be right ; but do yt)u not see the danger of its
being produced by an admixture of passion and prejudice with your
reason ? How difiicult is it to separate prejudice from reason, when
they run in the same direction. If you be men of conscience, then I
call on you to listen to me, that your consciences may be safe, and
your reason alone be the guardian of your oath, and the sole monitor
of your decision.
" I now bring you to the immediate subject of this indictment.
Mr. Magee is charged with publishing a libel in his paper called the
Dublin Evening Post. His lordship has decided that there is legal
proof of the publication, and I would be sorry you thought of acquit-
ting Mr. Magee, under the pretence of not believing that evidence.
I will not, therefore, trouble you on that part of the case ; I will tell
you, gentlemen, presently, what this publication is ; but sufiPer me
first to inform you what it is not — for this I consider to be very
important to the strong, and in truth, triumphant defence which ray
client has to this indictment,
*' Gentlemen, this is not a libel on Charles Lennox, Duke of Rich-
mond, in his private or individual capacity. It does not interfere
with the privacy of his domestic life. It is free from any reproach
upon his domestic habits or conduct ; it is perfectly pure from any
attempt to traduce his personal honour or integrity. Towards the
man, there is not the least taint of malignity ; nay, the thing is still
stronger. Of Charles Duke of Richmond, personally, and as dis-
connected with the administration of public affairs, it speaks in
terms of civility arid even respect. It contains this passage which I
read from the indictment : —
DANIEL O'CONNELL, ESQ., M.P. 483
" ' Had he remained what he first came over, or what he afterwards
professed to be, he would have retained his reputation for honest
open hostility, defending his political principles with firmness,
perhaps with warmth, but without rancour ; the supporter and not
the tool of an administration ; a mistake politician, perhaps, but an
honourable man, and a respectable soldier.'
" The Duke is here in this libel, my lords — in this libel, gentlemen
of the jury, the Duke of Richmond is called an honourable man,
and a respectable soldier ! Could more flattering expressions be
invented ? Has the most mercenary Press that ever yet existed, the
mercenary Press of this metropolis, contained in return for all the
money it has received, any praise which ought to be so pleasing —
' an honourable man, and a respectable soldier ?' I do, therefore,
beg of you, gentlemen, as you value your honesty, to carry with you
in your distinct recollection, this fact, that whatever of evil this
publication may contain, it does not involve any reproach against
the Duke of Richmond, in any other than in his public and oflicial
character.
" I have, gentlemen, next to require you to take notice, that this
publication is not indicted as a seditious libel. The word seditious
is, indeed, used as a kind of make-weight in the introductory part of
the indictment. But mark, and recollect, that this is not an indict-
ment for sedition. It is not, then, for private slander, nor for any
oflfence against the constitution, that Mr. Magee now stands arraigned
before you.
*' In the third place, gentlemen, there is this singular feature in
this case, namely — that this libel, as the prosecutor calls it, is not
charged in this indictment to be ' false.'
" The indictment has this singular difierence from any other I
have ever seen, that the assertions of the publications are not even
stated to be false.
" They have not had the courtesy to you, to state upon record,
that these charges, such as they are, were contrary to the truth.
This I believe to be the first instance in which the allegation of
falsehood has been omitted. To what is this omission to be attri-
buted ? Is it that an experiment is to be made, how much further
the doctrine of the criminality of truth can be drawn ? Does the
prosecutor wish to make another bad precedent ? or is it in contempt
of any distinction between truth and falsehood, that this charge
is thus framed ; or does he fear that you Would scruple to convict,
484 MEMOIR AND SPEECHES OF
if the indictment charged that to be false, which you all know to
be true?
" However that may be, I will have you to remember, that you
are now to pronounce upon a publication, the truth of which is not
controverted. Attend to th'e case, and you will find you are not to
try Mr. Magee for sedition which may endanger the state, or for
private defamation which may press sorely upon the heart, and blast
the prospects of a private family ; and that the subject matter for
your decision is not characterized as false, or described as untrue.
" Such are the circumstances which accompany this publication,
on which you are to pronounce a verdict of guilt or innocence,
The case is with you ; it belongs to you exclusively to decide it.
His lordship may advise, but he cannot control your decision, and
it belongs to you alone to say whether or not, upon the entire matter,
you conceive it to be evidence of guilt, and deserving of punishment.
The statute law gives or recognises this your right, and, therefore,
imposes this on you as your duty. The legislative has precluded
any lawyer from being able to dictate to you. The Solicitor-
General cannot now venture to promulgate the slavish doctrine
which he addressed to Doctor Sheridan's jury, when he told them,
* not to presume to differ from the Court in matter of law.' The law
and the fact are here the same, namely — the guilty or innocent
design of the publication.
" Indeed, in any criminal case, the doctrine of the Solicitor-
General is intolerable. I enter my solemn protest against it. The
verdict which is required from a jury in any criminal case has
nothing special in it — it is not the finding of the fact in the affirma-
tive or negative — it is not, as in Scotland, that the charge is proved
or not proved. No ; the jury is to say whether the prisoner be guilty
or not; and could a juror find a true verdict, who declared a man
guilty upon evidence of some act, perhaps praiseworthy, but clearly
void of evil design or bad consequences ?
" I do, therefore, deny the doctrine of the learned gentleman ; it
is not constitutional, and it would be frightful if it were. No
judge can dictate to a jury — no jury ought to allow itself to be
dictated to.
'* If the Solicitor- General's doctrine were established, see what
oppressive consequences might result. At some future period, some
man may attain the first place on the bench, by the reputation which
is so easily acquired by a certain degree of church-wardening piety,
DANIEL O'CONNELL, ESQ., M.P. 485
added to a great gravity, and maidenly decorum of manners. Such
a man may reach the bench — for I am putting a mere imaginary
case— HE may be a man without PASSIONS, and THEREFORE
without VICES ; he may, my lord, be a man superfluously RICH,
and, therefore, not to be BRIBED with MONEY, but rendered
PARTIAL by his BIGOTRY, and CORRUPTED by his PRE-
JUDICES ; such a man, INFLATED by FLATTERY, and
BLOATED in his dignity, may hereafter use that character for
SANCTITY which has served to promote him, as a sword, to hew
down the struggling liberties of his country ; such a judge may
interfere before trial! and at the trial be a PARTISAN !
"Gentlemen, should an honest jury — could an honest jury (if an
honest jury were again found) listen with safety to the dictates of
such a j udge ? I repeat it, therefore, that the Solicitor-General is
mistaken — that the law does not, and cannot, require such a sub-
mission as he preached ; and at all events, gentlemen, it cannot be
controverted, that in the present instance, that of an alleged libel,
the decision of all law and fact belongs to you.
" I am then warranted in directing to you some observations on
the law of libel, and in doing so, I disclaim any apology for the
consumption of the time necessary for my purpose. Gentlemen, my
intention is to lay before you a short and rapid view of the causes
which have introduced into courts the monstrous assertion — that
truth is crime !
" It is to be deeply lamented, that the art of printing was unknown
at the earlier periods of our history. If, at the time the barons
wrung the simple but sublime charter of liberty from a timid, pei'-
fidious sovereign, from a violator of his word, from a man covered
with disgrace, and sunk in infamy — if at the time when that
charter was confirmed and renewed, the Press had existed, it would,
I think, have been the first care of those friends of freedom to have
established a principle of liberty for it to rest upon, which might
resist every future assault. Their simple and unsophisticated under-
standings could never be brought to comprehend the legal subtleties
by which it is now argued, that falsehood is useful and innocent, and
truth, the emanation and the type of heaven, a crime. They would
have cut with their swords the cobweb links of sophistry in which
truth is entangled ; and they would have rendered it impossible to
re-establish this injustice without violating a principle of the
constitution.
486 MEMOIR AND SPEECHES OF
" But in the ignorance of the blessing of a free Press, they could
not have provided for its security. There remains, however, an
expression of their sentiments on our statute books. The ancient
parliament did pass a law against the spreaders of false rumours.
This law proves two things — first, that before this statute, it was not
considered. a crime in law to spread even a false rumour, otherwise
the statute would have been unnecessary; and secondly, that in
their notion of crime, falsehood was a necessary ingredient. But
here I have to remark upon, and regret the strange propensity of
judges, to construe the law in favour of tyranny, and against liberty ;
for servile and corrupt judges soon decided, that upon the construc-
tion of this law, it was immaterial whether the rumours were true
or false, and that a law made to punish false rumours, was equally
applicable to the true.
" This, gentlemen, is called consteuction ; it is just that which,
in more recent times, and of inevitable consequence, from purer
motives, has converted ^pretence' into '■purposed
"When the art of printing was invented, its value to every
suiferer — its terror to every oppressor, was soon obvious, and means
were speedily adopted to prevent its salutary effects. The Star-
Chamber — the odious Star- Chamber, jvas either created, or, at least,
enlarged and brought into activity. Its proceedings were arbitrary —
its decisions were oppressive, and injustice and tyranny wei*e formed
into a system. To describle it to you in one sentence, it "WAS A
PREMATURELY PACKED JURY. Perhaps that description
does not shock you much. Let me report one of its decisions which
will, I think, make its horrors more sensible to you — it is a ludicrous
as well as a melancholy instance.
*' A tradesman — a ruffian, I presume, he was styled — in an alter-
cation with a nobleman's servant, called the swan, which was worn
on the servant's arm for a badge, a goose. For this offence — the call-
ing a nobleman's badge of a swan, a goose, he was brought before the
Star- Chamber — he was, of course, convicted ; he lost, as I recollect,
one of his ears on the pillory — was sentenced to two years' imprison-
ment, and a fine of £500 ; and all this to teach him to distinguish
sivans from, geese.
" I now ask you, to what is it you tradesmen and merchants are
indebted for the safety and respect you can enjoy in society ? What
is it which has rescued you from the slavery in which persons who
ai"e engaged in trade were held by the iron barons of former days ?
DANIEL o'CONNELL, ESQ., M.P. 487
I will tell you ; it is the light, the reason, and the liberty which have
been created, and will, in despite of every opposition, be perpetuated
by the exertion of the Press.
" Gentlemen, the Star-Chamber was particularly vigilant over the
infant struggles of the Press. A code of laws became necessary to
govern the new enemy to prejudice and oppression — the Press.
The Star-Chamber adopted, for this purpose, the civil law, as it is
called — the law of Rome — not the law at the periods of her liberty
and her glory, but the law which was promulgated when she fell
into slavery and disgrace, and recognised this principle, that the will
of the prince was the rule of the law. The civil law was adopted by
the Star-Chamber as its guide in proceedings against, and in
punishing libellers ; but, unfortunately, only part of it was adopted,
and that, of course, was the part least favourable to freedom. So
much of the civil law as assisted to discover the concealed libeller,
and to punish him when discovered, was carefully selected ; but the
civil law allowed truth to be a defence, and that part was carefully
I'ejected.
" The Star-Chamber was soon after abolished. It was suppressed
by the hatred and vengeance of an outraged people, and it has
since, and until our days, lived only in the recollection of abhorrence
and contempt. But we have fallen upon bad days and evil times ;
and in our days we have seen a lawyer, long of the prostrate and
degraded bar of England, presume to suggest an high eulogium on
the Star-Chamber, and regret its downfall ; and he has. done this
in a book dedicated, by permission, to Lord Ellenborough. This is,
perhaps, an ominous circumstance ; and as Star-Chamber punishments
have been revived — as two years of imprisonment has become
familar, I know not how soon the useless lumber of even well-
selected juries may be abolished, and a new Star-Chamber created.
" From the Star-Chamber, gentlemen, the prevention and punish-
ment of libels descended to the courts of common law, and with the
power they seem to have inherited much of the spirit of that tribunal.
Servility at the bar, and profligacy on the bench, have not been want-
ing to aid every construction unfavourable to freedom, and at length
it is taken as granted and as clear law, that truth or falsehood ai'e
quite immaterial circumstances, constituting no part of either guilt or
innocence.
" I would wish to examine this revolting doctrine, and, in doing so,
I am proud to tell you, that it has no other foundation than in the oft^
488 MEMOIR AND SPEECHES OF
repeated assertions of lawyers and judges. Its authority depends on
what are technically called the dicta of the judges and writers, and
not upon solemn or regular adjudications on the point. One servile
lawyer has repeated this doctrine, from time to time, after another —
and one overbearing judge has re-echoed the assertion of a time-
serving predecessor, and the public have, at length, submitted.
** I do, therefore, feel, not only gratified in having the occasion,
but bound to express my opinion upon the real law of this subject.
I know that opinion is but of little weight. I have no professional
rank, or station, or talents to give it importance, but it is an honest
and conscientious opinion, and it is this — that in the discussion of
public subjects, and of the administration of public men, truth is a
duty and not a crime.
" You can, at least, understand my description of the liberty of
the Press. That of the Attorney-General is as unintelligible as con-
tradictory. He tells you, in a very odd and quaint phrase, that the
liberty of the Press consists in there being no previous restraint
upon the tongue or the pen. How any previous restraint could be
imposed on the tongue it is for this wisest of men to tell you, unless,
indeed, he resorts to Doctor Lad's prescription with respect to the
toothache eradication. Neither can the absence of previous
restraint constitute a free Press, unless, indeed, it shall be distinctly
ascertained, and clearly defined, what shall be subsequently called a
crime. If the crime of libel be undefined, or uncertain, or capricious,
then, instead of the absence of restraint before publication being an
advantage, it is an injury instead of its being a blessing ; it is a
curse — it is nothing more than a pitfall and snare for the unwary.
This liberty of the Press is only an opportunity and a temptation
offered by the law to the commission of crime — it is a trap laid to
catch men for punishment — it is not the liberty of discussing truth or
discountenancing oppression, but a mode of rearing up victims for
prosecution, and of seducing men into imprisonment.
" Yet, can any gentleman concerned for the Crown give me a
definition of the crime of libel ? Is it not uncertain and undefined ;
and, in truth, is it not, at this moment, quite subject to the caprice
and whim of the judge and of the jury ? Is the Attorney- General —
is the Solicitor- General disposed to say otherwise ? If he do, he must
contradict his own doctrine, and adopt mine. ,
" But no, gentlemen, they must leave you in uncertainty and .
doubt, and ask you to give a verdict, on your oath, without furnish-
DANIEL O'CONNELL, ESQ., M.P. 489
ing you with any rational materials to judge whether you be right or
wrong. Indeed, to such a wild extent of caprice has Lord Ellenbo-
rough carried the doctrine of crime in libel, that he appears to have
gravely ruled, that it was a crime to call one lord ' a stout-built,
special pleader,' although, in point of fact, that lord was stout-built,
and had been very many years a special pleader. And that it was a
crime to call another lord ' a sheep-feeder from Cambridgeshire,'
although that lord was right glad to have a few sheep in that county.
These are the extravagant vagaries of the Crown lawyers and preroga-
tive judges ; you will find it impossible to discover any rational rule
for your conduct, and can never rest upon any satisfactory view of
the subject, unless you are pleased to adopt my description. Reason
and justice equally recognize it, and believe me, that genuine law is
much more closely connected with justice and reason than some per-
sons will avow.
" Gentlemen, you are now apprised of the nature of the alleged
libel ; it is a discussion upon the administration of public men. I
have also submitted to you my view of the law applicable to such a
publication ; we are, therefore, prepared to go into the consideration
of every sentence in the newspaper in question.
"But before I do so, just allow me to point your attention to the
motives of this young gentleman. The Attorney-General has threat-
ened him with fine and a dungeon ; he has told Mr. Magee that he
should suffer in his purse and in his person. Mr. Magee knew his
danger well. Mr. Magee, before he published this paper, was quite
apprised that he ran the risk of fine and of imprisonment. He knew
also that if he changed his tone — that if he became merely neutral,
but especially, if he went over to the other side and praised the Duke
of Richmond — if he had sufficient gravity to talk, without a smile, of
the sorrow of the people of Ireland at his grace's departure — if he
had a visage sufficiently lugubrious, to say so without laughing, to
cry out ' mournfully, oh ! mournfully !' for the departure of the Duke
of Richmond — if, at a period when the people of Ireland, from
Magherafelt to Dingledecouch, are rejoicing at that departure, Mr.
Magee could put on a solemn countenance and pick up a grave and
narcotic accent, and have the resolution to assert the sorrow of the
people for losing so sweet and civil a Lord Lieutenant — why, in that
case, gentlemen, you know the consequences. They are obvious.
He might libel certain classes of his Majesty's subjects with impu-
nity ; he would get abundance of money, a place, and a pension —
490 MEMOIR AND SPEECHES OF
you know he would. The proclamations would be inserted in his
paper. The wide-street advertisements, the ordnance, the barrack-
board notices, and the advertisements of all the other public boards
and offices — you can scarcely calculate how much money he sacrifices
to his principles. I am greatly within bounds when I say, at least,
£5,000 per annum, of the public money, would reach him if he was
to alter his tone, and abandon his opinions.
" Has he instructed me to boast of the sacrifices he thus makes ?
No, gentlemen, no, no ; he deems it no sacrifice, because he desires no
share in the public plunder ; but I introduce this topic to demonstrate
to you the purity of his intentions. He cannot be actuated, in the
part he takes, by mean or mercenary motives ; it is not the base
lucre of gain that leads him astray. If he be mistaken, he is, at
least, disinterested and sincere. You may dislike his political
opinions, but you cannot avoid respecting the independence of his
principles.
" Behold, now, the publication which this man of pure principles
is called to answer for as a libel. It commences thus : —
"' DUKE OF RICHMOND.
" * As the Duke of Richmond will shortly retire from the govern-
ment of Ireland, it has been deemed necessary to take such a review
of his administration, as may, at least, warn his successor from pursu-
ing the errors of his grace's conduct.
" ' The review shall contain many anecdotes of the Irish court
which were never published, and which were so secret, that his
grace will not fail to be surprised at the sight of them in a news-
paper.'
" In this paragraph there is nothing libellous ; it talks of the
errors, indeed, of his grace's administration ; but I do not think the
Attorney-General will venture to suggest, that the gentle expression
of ' errors,' is a libel.
" To err, gentlemen, is human : and his grace is admitted, by the
Attoi'ney- General, to be but a man ; I shall waste none of your time
in proving, that we may, without offence, treat of his ' errors.' But
this is not even the errors of the man, but of his administration ; it
Avas not infallible, I humbly presume.
" I call your particular attention to the second paragraph ; it runs
thus : —
" ' If the administration of the Duke of Richmond had been con-
DANIEL O'CONNELL, ESQ., M.P. 491
ducted with more than ordinary talent, its errors might, in some
degree have been atoned for by its ability, and the people of Ireland
though they might have much to regret, yet, would have something
to admire ; but truly, after the gravest consideration, they must find
themselves at a loss to discover any striking feature in his grace's
administration, that makes it superior to the worst of his predecessors.'
" The Attorney-General dwelt much upon this paragraph, gentle-
men, and the importance which he attached to it furnishes a strong
illustration of his own consciousness of the weakness of his case.
What is the meaning of this paragraph ? I appeal to you whether it
be more than this — that there has been nothing admirable in this
administration — that there has not been much ability displayed by
it. So far, gentlemen, there is, indeed, no flattery, but still less of
libel, unless you are prepared to say, that to withhold praise from
any administration deserves punishment.
" Is it an indictable offence not to perceive its occult talents ?
Why, if it be, find my client guilty of not being a sycophant and a
flatterer, and send him to prison for two years, to gratify the
Attorney- General, who tells you that the Duke of Richmond is the
best chief governor Ireland ever saw.
" But the mischief, I am told, lies in the art of the sentence.
Why, all that it says is, that it is difficult to discover the striking
features that distinguish this from bad administrations. It does not,
gentlemen, assert that no such striking features exist, much less
does it assert that no features of that kind exist, or that such fea-
tures, although not striking are not easily discernible. So that,
really, you are here again required to convict a man for not flatter-
ing. He thinks an administration untalented and silly ; that is no
crime ; he says, it has not been marked with talent or ability — that
it has no striking features ; all this may be mistaken and false, yet
there is nothing in it that resembles a crime.
" And, gentlemen, if it be true — if this be a foolish administration,
can it be an offence to say so ? If it has had no striking features
to distinguish it from bad administrations, can it be criminal to say
so ? Are you prepared to say, that not one word of truth can be
told under no less a penalty than years of a dungeon and heavy
fines ?
" Recollect, that the Attorney-General told you that the Press
was the protection of the people against the government. Good
Heaven ! gentlemen, how can it protect the people against the govern-
492 MEMOIR AND SPEECHES OF
ment, if it be a crime to say of that government that it has com-
mitted errors, displays little talent, and has no striking features?
Did the prosecutor mock you, when he talked of the protection
the Press afforded to the people ? If he did not insult you by the
admission of that upon which he will not allow you to act, let
me ask, against what is the Press to protect the people ? When do
the people want protection ? — when the government is engaged in
delinquencies, oppression, and crimes. It is against these that the
people want the protection of the Press. Now, I put it to your
plain sense, whether the Press can afford such protection, if it be
punished for treating of these crimes ?
" Still more, can a shadow of protection be given by a Press that
is not permitted to mention the errors, the talents, and the striking
features of an administration ? Here is a watchman admitted by the
Attorney-General to be at his post to warn the people of tlieir danger,
and the first thing that is done to this watchman is to knock him
down and bring him to a dungeon, for announcing the danger he is
bound to disclose. I agree with theAttorney-General, the Press is a
protection, but it is not in its silence or in its voice of flattery. It
can protect only by speaking out when there is danger, or error,
or want of ability. If the harshness of this tone be complained of, I
ask, what is it the Attorney-General would have ? Does he wish that
this protection should speak so as not to be understood ; or, I again
repeat it, does he mean to delude us with the name and the mockery
of protection ? Upon this ground, I defy you to find a verdict for
the prosecutor, without declaring that he has been guilty of an
attempt to deceive, when he talked of the protection of the Press
against errors, ignorance, and incapacity, which it is not to dare even
to name. Gentlemen, upon this second paragraph, I am entitled to
your verdict, upon the Attorney- General's own admission.
" He, indeed, passed on to the next sentence with an air of
triumph, with the . apparent certainty of its producing a conviction ;
I meet him upon it — I read it boldly — I will discuss it with you
manfully — it is this :
" ' They insulted, they oppressed, they murdered, and they de-
ceived.'
" The Attorney- General told us, rather ludicrously, that they,
meaning the Duke's predecessors, included, of course, himself. How
a man could be included amongst his predecessors, it would be dif-
ficult to discover. It seems to be that mode of expression which
DANIEL o'CONNELL, ESQ., M.P. 493
would indicate, that the Attorney-General, notwithstanding his
foreign descent, has imbibed some of the language of the native
Irish. But our blunders arise, not like this, from a confusion of
idea ; they are generally caused by too great condensation of thought ;
they are, indeed, frequently of the head, but never — never of the
heart. Would I could say so much for the Attorney- General ; his
blunder is not to be attributed to his cool and cautious head ; it
sprung, I much fear, from the misguided bitterness of the bigotry of
his heart.
" Well, gentlemen, this sentence does, in broad and distinct terms,
charge the predecessors of the Duke, but not the Duke himself, with
insult, oppression, murder, and deceit. But it is history, gentlemen :
are you prepared to silence the voice of history ? Are you disposed to
suppress the recital of facts — the story of the events of former days ?
Is the historian, and the* publisher of history, to be exposed to in-
dictment and punishment ?
" Let me read for you two passages from Doctor Leland's History
of Ireland. I choose a remote period, to avoid shocking your preju-
dices, by the recital of the more modern crimes of the faction to which
most of you belong. Attend to this passage, gentlemen.
"'Anno 1574 A solemn peace and concord was made between
the Earl of Essex and Felim O'Nial. However, at a feast, wherein
the Earl entertained that chieftain, and at the end of their good cheer,
O'Nial, with his wife, were seized; their friends, who attended, were
put to the sword before their faces. Felim, together with his wife
and brother, were conveyed to Dublin, where they were cut up in
QUARTERS.'
" How would you have this fact described ? In what lady-like
terms is the future historian to mention this savage, and brutal mas-
sacre. Yet Essex was an English nobleman — a predecessor of his
Grace ; he was accomplished, gallant, and gay ; the envied paramour
of the virgin queen ; and, if he afterwards fell on the scaffold, one of
the race of the ancient Irish may be permitted to indulge the fond
superstition that would avenge the royal blood of the O'Nial and of
his consort, on their perfidious English murderer.
" But my soul fills with bitterness, and I will read of no more
Irish murders. I turn, however, to another page, and I will intro-
duce to your notice another predecessor of his Grace the Duke of
Richmond. It is Grey, who, after the recall of Essex, commanded
the English forces in Munster. The fort of Smerwick, in Kerry,
494 MEMOIR AND SPEECHES OF
surrendered to Grey at discretion. It contained some Irish troops,
and more than 700 Spaniards. The historian shall tell you the rest :
" ' That mercy for which they sued was rigidly denied them.
Wingfield was commissioned to disarm them, and when this service
was performed, an English company was sent into the fort.
" ' The Irish rebels found they were reserved for execution by
martial law.
" ' The Italian genei'al and some officers were made prisoners of
war : but the garrison was butchered in cold blood ; nor is it with-
out pain, that we find a service, so horrid and detestable, committed
to Sir Walter Raleigh.'
" ' The garrison was butchered in cold blood,' says the historian.
Furnish us, Mr. Attorney-General, with gentle accents and sweet
words, to speak of this savage atrocity ; or will you indict the author ?
Alas ! he is dead, full of years and respect — as faithful an historian
as the prejudices of his day would allow, and a beneficed clergyman
of your church.
" Gentlemen of the jury, what is the mild language of this paper
compared with the indignant language of history ? Raleigh — the
ill-starred Raleigh — fell a victim to a tyrant master, a corrupt or
overawed jury, and a virulent Attorney- General ; he was baited at
the bar with language more scurrilous and more foul than that you
heard yesterday poured upon my client. Yet, what atonement to
civilization could his death afibrd for the horrors I have mentioned ?
" Decide, now, gentlemen, between those libels — between that
defamer's history and my client. He caUs those predecessors of his
grace, murderers. History has left the living records of their crimes
from the O'Nial, treacherously slaughtered, to the cruel, cold
butchery of the defenceless prisoners. Until I shall see the publishers
of Leland and of Hume brought to your bar, I defy you to convict
my client.
" To show you that my client has treated these predecessors of his
grace with great lenity, I will introduce to your notice one, and only
one more of them ; and he, too, fell on the scafibld — the unfortunate
Strafibrd, the best servant a despotic king could desire.
" Amongst the means taken to raise money in Ireland for James
the First, and his son Charles^ a proceeding called ' a commission to
inquire into defective titles,' was invented. It was a scheme, gentle-
men, to inquire of every man what right he had to his own property,
and to have it solemnly and legally determined that he had none. To
DANIEL O CONNELL, ESQ., M.P. 495
effectuate this scheme required great management, discretion, and
integrity. First, there were 4,000 excellent horse raised for the
purpose of being, as Strafford himself said, 'good lookers-on.' The
rest of the arrangement I would recommend to modern practice ; it
would save much trouble. I will shortly abstract it from two of
Strafford's own letters.
" The one appears to have been written by him to the Lord
Treasurer ; it is dated the 3rd December, 1634. He begins with an
apology for not having been more expeditious in this work of plun-
der, for his employers were, it seems, impatient at the melancholy
waste of time. He then says —
" ' Howbeit, I will redeem the time as much as I can, with such
as may give furtherance to the king's title, and will inquire out fit
MEN TO SERVE UPON THE JURIES.'
'' Take notice of that, gentlemen, I pray you ; perhaps you thought
that the ' packing of juries' was a modern invention — a new dis-
covery. You see how greatly mistaken you were ; the thing has
example and precedent to support it, and the authority of both are,
in our law, quite conclusive.
" The next step was to corrupt — oh, no, to interest the wise and
learned judges. But commentary becomes unnecessary, when I read
for you this passage from a letter of his to the King, dated the 9th of
December, 1636 : —
" * Your Majesty was graciously pleased, upon my humble advice, to bestow
foiu: shillings in the pound upon your Lord Chief Justice and Lord Cbief Baron
in this kingdom, fourth of the first yearly rent raised upon the commission of
defective title, which, upon observation, I find to he the best given thai ever was.
For now they do intend it, with a care and diligence, such as if it were their
own private, and most certain gaining to themselves ; every four shiUings once
paid, shall better your revenue for ever after, at least five pounds.'
*' Thus, gentlemen of the jury, all was ready for the mockery of
law and justice, called a trial.
" Now, let me take any one of you ; let me place him here, where
Mr. Magee stands ; let him have his property at stake ; let it be of less
value, I pray you, than a compensation for two years' imprisonment ;
it will, however, be of sufficient value to interest and rouse all your
agony and anxiety. If you were so placed here, you would see before
you the well-paid Attorney- General, perhaps, malignantly delighted
to pour his rancour upon you ; on the bench would sit the corrupt
496 MEMOIR AND SPEECHES OF
and partisan judge, and before you, on that seat which you now
occupy, would be placed the packed and predetermined jury.
" I beg, sir, to know what would be your feelings, your honour,
your rage ; would you not compare the Attorney- General to the
gambler who played with a loaded die, and then you would hear him
talk, in solemn and monotonous tones, of his conscience ! Oh, his
conscience, gentlemen of the jury!
" But the times are altered. The Press, the Press, gentlemen, has
effectuated a salutary revolution ; a commission of defective titles
would no longer be tolerated; the judges can no longer be bribed
with money, and juries can no longer be I must not say it.
Yes, they can, you know — we all know they can be still inquired out,
and 'packed,' as the technical phrase is. But you, who are not
packed, you, who have heen fairly selected, wiU see that the language
of the publication before us is mildness itself, compared with that
which the truth of history requires — compared with that which history
has already used.
** I proceed with this alleged libel.
" The next sentence is this —
" ' The profligate, unprincipled Westmoreland.' I throw down the
paper and address myself in particular to some of you. There are, I
see, amongst you some of our Bible distributors, ' and of our sup-
pressors of vice.' Distributors of Bibles, suppressors of vice — what
call you profligacy ? Wliat is it you would call pi'ofligacy ? Suppose
the peerage was exposed to sale — set up at open auction — it was at
that time a judicial ofiice — Suppose that its price, the exact price of
this judicial office, was accurately ascertained by daily experience —
would you call that profligacy ? If pensions were multiplied beyond
bounds and beyond example — if places were augmented until inven-
tion was exhausted, and then were subdivided and split into halves, so
that two might take the emoluments of each, and no person do the
duty — if these acts were resorted to in order to corrupt your
representatives — would you, gentle suppressors of vice, caU that
profligacy ?
" If the father of children selected in the open day his adultress
paramour — if the wedded mother of children displayed her crixne
unblushingly — if the assent of the titled or untitled wittol to his own
shame was purchased with the people's money — if this scene — if these
were enacted in the open day, would you call that profligacy, sweet
distributors of Bibles? The women of Ireland have always been
DANIEL O'CONNELL, ESQ., M.P. 497
beauteous to a proverb ; tliey were without an exception, chaste
beyond the terseness of a proverb to express ; they are still as chaste
as in former days, but the depraved example of a depraved court has
furnished some exceptions, and the action or criminal conversation,
before the time of Westmoreland unknown, has since become more
familiar to our courts of justice.
" Call you the sad example which produced those exceptions — call
you that profligacy, suppressors of vice and Bible distributors ? The
vices of the poor are within the reach of control ; to suppress them,
you can call in aid the churchwarden and the constable ; the justice
of the peace will readily aid you, for he is a gentleman — the Court
of Sessions will punish those vices for you by fine, by imprisonment,
and, if you are urgent, by whipping. But, suppressors of vice, who
shall aid you to suppress the vices of the great ? Are you sincei*e,
or are you, to use your own phraseology, whitewashed tombs — painted
charnel-houses ? Be ye hypocrites ? If you are not — if you be
sincere — (and, oh, how I wish that you were) — if you be sincere, I
will steadily require to know of you, what aid you expect, to suppress
the vices of the rich and great ? Who will assist you to suppress
those vices ? The churchwarden ! — why he, I believe, handed
them into the best pew in one of your cathedrals, that they
might lovingly hear Divine service together. The constable ! ! —
absurd. The justice of the peace ! — no, upon his honour. As to
the Court of Sessions, you cannot expect it to interfere ; and, my
lords, the judges are really so busy at the assizes, in hurrying the
grand juries through the presentments, that there is no leisure to look
after the scandalous faults of the great. Who, then, sincere and candid
suppressors of vice, can aid you? — The Press; the Press alone
talks of the profligacy of the great ; and, at least, shames into
decency those whom it may fail to correct. The Press is your,
but your only, assistant. Go, then, men of conscience, men of
religion — go, then, and convict John Magee, because he published
that Westmoreland was profligate and unprincipled as a lord lieu-
tenant— do, convict, and then return to your distribution of Bibles
and to your attacks upon the recreations of the poor, under the name
of vices !
" Do, convict the only aid which virtue has, and distribute youi*
Bibles that you may have the name of being religious ; upon your
sincerity depends my client's prospect of a verdict. Does he lean
upon a broken reed ?
2 K
498 MEMOIR AND SPEECHES OF
"I pass on from the sanctified portion of the jury which I have
latterly addressed, and I call the attention of you all to the next
member of the sentence —
" ' The cold-hearted and cruel Camden.'
"Here I have your prejudices all armed against me. In the
administration of Camden, your faction was cherished and triumphant.
Will you prevent him to be called cold and cruel ? Alas ! to-day,
why have I not men to address who would listen to me for the sake
of impartial justice ! But even with you the case is too powerful to
allow me to despair.
" Well, / do say, the cold and cruel Camden. Why, on one circuit,
during his administration, there were ONE HUNDRED INDI-
VIDUALS TRIED BEFORE ONE JUDGE; OF THESE
NINETY-EIGHT WERE CAPITALLY CONVICTED, AND
NINETY-SEVEN HANGED! I understand one escaped; but
he was a soldier who murdered a peasant, or something of that
TRIVIAL nature — NINETY- SEVEN victims in one circuit ! ! !
" In the meantime, it was necessary, for the purposes of the Union,
that the flame of rebellion should be fed. The meetings of the rebel
colonels in the north were, for a length of time, regularly reported to
government ; but the rebellion was not then ripe enough : and whilst
the fruit was coming to maturity, under the fostering hand of the
Administration, the wretched dupes atoned on the gallows for
allowing themselves to be deceived.
" In the meantime the soldiery were turned in at free quarters
amongst the wives and daughters of the peasantry ! ! I
" Have you heard of Abercrombie, the valiant and the good — he
who, mortally wounded, neglected his wound until victory was
ascertained — he who allowed his life's stream to flow unnoticed
because his country's battle was in suspense — he who died the martyr
of victory — ^he who commenced the career of glory on the land, and
taught French insolence, than which there is nothing so perma-
nent— even transplanted, it exhibits itself to the third and fourth
generation — he taught French insolence, that the British and Irish
soldier was as much his superior by land as the sailor was con-
fessedly by sea — he, in short, who commenced that career which has
since placed the Irish Wellington on the highest pinnacle of glory.
Abercrombie and Moore were in Ireland under Camden. Moore,
too, has since fallen at the moment of triumph — Moore, the best of
sons, of brothers, of friends, of men — the soldier and the scholar — the
DANIEL O'CONNELL, ESQ., M.P. 499
soul of reason and the heart of pity — Moore has, in documents of
which you may plead ignorance, left his opinions upon record with
respect to the cruelty of Camden's administration. But you all have
heard of Aberci'ombie's proclamation, for it amounted to that ; he
proclaimed that cruelty in terms the most unequivocal ; he stated to
the soldiery and to the nation, that the conduct of the Camden
Administration had rendered * the soldiery formidable to all but the
enemy.'
" Was there no cruelty in thus degrading the British soldier ?
And say, was not the process by which that degradation was effec-
tuated cruelty ? Do, then, contradict Abercrombie, upon your oaths,
if you dare; but, by doing so, it is not my client alone you
will convict — you will also convict yourselves of the foul ci'ime of
perjury,
" I now come to the third branch of this sentence ; and here I
have an easy task. All, gentlemen, that is said of the artificer and
superintendent of the Union is this — 'the artful and treacherous
CornwaUis.' Is it necessary to prove that the Union was effectuated
by artifice and treachery ? For my part, it makes my blood boil
when I think of the unhappy period which was contrived and seized
on to carry it into effect ; one year sooner, and it would have made
a revolution — one year later, and it would have been for ever impos-
sible to carry it. The moment was artfully and treacherously seized
on, and our country, that was a nation for countless ages, has
dwindled into a province, and her name and her glory are extinct for
ever.
*' I should not waste a moment upon this part of the case, but that
the gentlemen at the other side who opposed that measure have
furnished me with some topics which I may not, cannot omit.
Indeed Mr. Magee deserves no verdict from any Irish jury, who can
hesitate to think that the contriver of the Union is treated with too
much lenity in this sentence; he fears your disapprobation for
speaking with so little animosity of the artificer of the Union.
" There was one piece of treachery committed at that period, at
which both you and I equally rejoice ; it was the breach of faith
towards the leading Catholics ; the written promises made them at
that period have been since printed ; I rejoice with you that they
were not fulfilled ; when the Catholic trafficked for his own advan-
tage upon his country's miseries, he deserved to be deceived. For
this mockery, I thank the CornwaUis administration. / rejoice, also.
500 MEMOIR AND SPEECHES OF
that my first introduction to the stage of public life, teas in the
opposition to that measure.
" In humble and obscure distance, I followed the footsteps of my
present adversaries. What their sentiments were then of the
authors of the Union, I beg to read to you ; I will read them from
a newspaper set up for the mere purpose of opposing the Union,
and conducted under, the control of these gentlemen. If their
editor should be gravely denied, I shall only reply — ' oh cease your
funning.' *
" The charge of being a Jacobin, was at that time made against
the present Attorney-General — ^him, plain William Saurin — in the
very terms, and with just as much truth as he now applies it to my
client. His reply shall serve for that of Mr. Magee. I take it from
the anti-Union of the 22nd March, 1800.
" ' To the charge of Jacobin, Mr. Saurin said he knew not what it
meant, as applied to him, except it ivas an opposition to the will of
the British minister!
" So says Mr. Magee ; but, gentlemen, my eye lights upon another
passage of Mi-. Saurin's, in the same speech from which I have
quoted the above. It was in these words : —
" ' Mr. Saurin admitted, that debates might sometimes produce
agitations, but that was the price necessarily paid for liberty!
" Oh, how I thank this good Jew for the word. Yes, agitation is,
as Mr. Saurin well remarked, the price necessarily paid for liberty.
We have paid the price, gentlemen, and the honest man refuses to
give us the goods. (Much laughing.)
" Now, gentlemen, of this Mr. Saurin, then an agitator, I beg
leave to read the opinion upon this Union, the author of which we
have only called artful and treacherous. From this speech of the
13th March, 1800, I select those passages :
" ' Mr. Saurin said he felt it his duty to the crown, to the country,
and to his family, to warn the minister of the dreadful consequences
of persevering in a measure which the people of Ireland almost
unanimously disliked.'
" And again —
" ' He, for one, would assert the principles of the glorious revo-
lution, and boldly declare in the face of the nation, that Avhen the
* A pamphlet iiutTcr this title was published by the Solieitor-General ; it was
full of wit and talent.
DANIEL O'CONNELL, ESQ., M.P. 501
Sovereign power dissolved the compact tliat existed between the
government and the people, that moment the right of resistance
accrues.
" ' Whether it would be prudent in the people to avail themselves
of that right, would be another question. But if a legislative union
wex'e foi'ced on the country, against the will of its inhabitants, it
would be a nullity^ and resistance to it would be a struggle against
usurpation, and not a resistance against law.'
"May I be permitted just to observe, how much more violent this
agitator of the year 1800, than we poor and timid agitators of the
year 1813. When did we talk of resistance being a question of
prudence ? Shame upon the men who call us intemperate, and yet
remember their own violence.
" But, gentlemen, is the Attorney- General at liberty to change
the nature of things with his own official and professional prospects ?
I am ready to admit that he receives thousands of pounds by the
year of the public monies, in his office of Attorney-General — thou-
sands from the Crown- Solicitor — thousands, for doing little work,
from the Custom-house ; but does all this public booty with which
he is loaded, alter the nature of things, or prevent that from being a
deceitful measure, brought about by artful and treacherous means,
against which Mr. Saurin, in 1800, preached the holy doctrine of
insurrection, sounded the tocsin of resistance, and summoned the
people of the land to battle against it, as against usurpatio7i ?
"In 1800, he absolves the subjects from their allegiance — if the
usurpation, styled tlie Union will be carried — and he, this identical
agitator, in 1813, indicts a man, and calls him a ruffian, for speaking
of the contrivers of the Union, not as usurpers, but as artful, treach-
erous men. Gentlemen, pity the situation in which he has placed
himself; and pray, do not think of inflicting punishment upon my
client for his extreme moderation.
" It has been coarsely urged, and it will, I know, be urged in the
splendid misrepresentations with which the Solicitor-General can so
well distort the argument he is unable to meet — it will, I know, be
urged by him, that having established the right to use this last
paragraph — having proved that the predecessors of the Duke were
oppressors and murderers, and profligate, and treacherous, that the
libel is only aggravated thereby, as the first paragraph compares and
combines the Duke of Richmond with the worst of his predecessors.
" This is a most fallacious assertion ; and here it is that I could
502 MEMOIR AND SPEECHES OF
wish I had to address a dispassionate and an enlightened jury. You
are not, you know you are not, of the selection of my client. Had
he the poor privilege of the sheep-stealer, there are, at least, ten of
you who should never have been on his jury. But the jury he
would select is not such a j ury in his favour, as has been impanelled
against him ; he desires no favour ; he would desire only that the
most respectable and unprejudiced of your city should be selected
for his trial ; his only ambition would be perfect impartiality ;
he would desire, and I should desire for him, a jury whose verdict
of conviction, if they did convict him, would produce a sense of
error and a feeling more painful to his mind of being wrong than
a star-chamber sentence.
*' If I had to address such a jury, how easily could I show them
that there is no comparison — no attempt at similitude. On the
contrary, the object of the writer is clearly to make a contrast.
Grey murdered ; but he was an able statesman ; his massacre was a
crime in itself, but eminently useful to his employers ; it contributed
mainly to secure the forfeiture of the overgrown territories of the
House of Desmond. Essex was a murderer, but his extreme of vice
was accompanied by great military services ; he was principally
instrumental in effectuating the conquest of Ireland — even his
crimes served the cause of his royal mistress, and the territory of
the slaughtered O'Nial became shire land ; he had terrific cruelty
to answer for, but he could give it some answer in the splendour
and solidity of his services. So of Strafford — he was an eminent
oppressor, but he was also eminently useful to his royal master.
'* As to the Duke of Richmond, the contrast is intended to be
complete — he has neither great crimes nor great virtues. He did not
murder, like Essex and Grey, but he did not render any splendid
services. In short, his administration has been directly the reverse
of these. It has been marked by errors and not crimes. It has not
displayed talents as they did ; and it has no striking features as they
had. Such is the fair, the rational, and the just construction which
a fail", rational, and just jury would put upon it.
" Indeed, the Attorney-General seems to feel it was necessary for
him to resort to other topics, in order to induce you to convict upon
this part of the case. He tells you that this is the second time that
the Duke of Richmond has been called a murderer. Gentlemen, in
this indictment there is no allegation that the Duke is styled a
murderer by this publication ; if there had, he should be readily
DANIEL O'CONNELL, ESQ., M.P. 503
acquitted, even for the variance ; and when the Attorney-General
resorts to Barry's case, he does it to inflame your passions, and
mislead your understandings — and then what has the Irish Magazine
to do with this trial ?
" Walter Cox, with his Irish Magazine, is as good a Protestant as
the king's Attorney-General, and probably quite as sincere in the
profession of that religion, though by no means as much disposed to
persecute those who differ from him in religious belief. Indeed, if
he were a persecutor of his countrymen, he would not be where he
is — in prison ; he would probably enjoy a full share of the public
plunder, and which is now lavished on the stupid journals in the pay
of the Castle — from the versatile, venal, and verbose correspondent,
to the equally dull and corrupt Dublin Journal.
" It is, however, not true, that he is in gaol because he published
what is called a libel. The Attorney- General talked with a gloating
pleasure of the miseries poor Watty Cox endures in gaol —
miseries that seem to give poignancy and zest to the enjoyments of
his prosecutor. I wiU make him happy ; let him return from this
court to his luxuries, and when he finds himself at his table, sur-
rounded with every delicacy, and every profusion, remember that his
prisoner Walter Cox is starving. I envy him not this relish, but I
cannot suffer him to mislead you. Cox is not in gaol because he
published a libel ; he is there because he is poor. His time of
imprisonment expired last February, but he was condemned to pay a
fine of £300, and having no money, he has since remained in gaol.
It is his poverty, therefore, and not his crime, that detains him
within the fangs of the Attorney-General — if, indeed, there be any
greater crime in society than being poor.
" And, next, the Attorney- General makes a beautiful eulogium on
Magna Charta. There we agree. I should, indeed, prefer seeing
the principles of that great charter called into practical effect, to
hearing any palinode, however beautiful, said or sung, on its merits.
But what recommendation can Magna Charta have for poor Cox ?
That charter of liberty expressly provides, that no man shall be fined
beyond what he can pay. A very simple and natural pi'ovision
against political severity. But Cox is fined £300, when he is not
worth a single shilling. He appealed to this court for relief, and
quotes Magna Charta. Your lordship was not pleased to give him
^ny relief. He applies to the Court of Exchequer, and that court,
j^fter hearing the Attorney-General against him, finds itself unable
504 MEMOIR AND SPEECHES OF
to give any relief; and, after all this, the unfortunate man is to be
tantalized with hearing that the Attorney-General contrived to
couple his case with the praise of the great charter of liberty — a most
unlucky coincidence — almost enough to di'ive him, in whose person
that charter is violated, into a state of insanity.
" Poor "Watty Cox is a coarse fellow, and, I think, he would be
apt to reply to that praise in the profane and contemptuous rhyme of
Cromwell ; most assuredly he has no reason to treat this useless law
with great reverence. It would, indeed, appear as if the prosecutor
eulogized Magna Charta only to give more brilliancy to his triumph,
which he has obtained in the person of poor Cox over it.
" The next topic of the Attorney-General's triumphant abuse was
the book entitled, ' The Statement of the Penal Laws.' He called it
a convicted book. He exulted that the publisher was in prison ; he
traduced the author, and he distorted and misrepresented the spirit
and meaning of that book. As to the publisher, he is, I admit, in
prison. The Attorney-General has had the pleasure of tearing a
respectable citizen, of irreproachable character and conduct, from his
wife and the little children who were rendered comfortable by his
honest, persevering industry, and he has immured him in a dun-
geon. I only congratulate him on his victory.
" As to the author, he is just the reverse of what the Attorney-
General would wish him to be ; he is a man of fortune ; he is an able
lawyer — a professional scholar — an accomplished gentleman — a sincere
friend to his country, which he has ornamented and served. As to
the book, it is really ludicrous to an extreme degree of comicality to
call it a convicted book. There are about 400 pages in the work : it
contains an elaborate, unexaggerated, and, I think, softened detail of
the laws which aggrieve the Catholics of Ireland, and of the practical
results of those laws. Such a system, to which the Attorney-Genei*al
is wedded, as much as to his own emolument, must have excited no
small share of irritation in his mind. It produced a powerful sensa-
tion on the entire party to which he belongs. Abundant attempts
were made to answer it : they were paid for out of the public money ;
they totally failed, and yet if the book had been erroneous, thei'e
could be nothing easier than its confutation.
** If that book had been mistaken in matter of law, or exaggerated
in matter of fact, its refutation would have been found, where we
have found and proved its perfect accuracy, in the statute book and
in the daily experience of eveiy individual in Ireland. Truth, you
DANIEL O'CONNELL, ESQ., M.P. 505
are told by the prosecutor, is no defence in case of libel ; but cer-
tainly this book was much the more provoking for being true ; and
yet, gentlemen, with the most powerful incentives to prosecute this
book, the Attorney-General has been compelled, most reluctantly, to
space every word of the 400 pages of text and margin, and has been
unable to find any pretext for an indictment, save in a paltry note
containing eight lines and a half, and three marks of admiration.
" My lord, I address your lordship particularly on the three notes
of admiration, because they formed a prominent ground in your lord-
ship's learned argument, when you decided that the passage was a
libel per se. Yes, gentlemen, admire again, I pray you, the solidity
and brilliancy of our law, in which three marks of admiration are of
wonderful efficacy in sending a man to prison. But with the excep-
tion of the note of eight and a half lines, the book has borne the
severest criticism of fact and of law. It has defied, and continues to
defy, the present Attorney-General and his well-assorted juries ; and,
as to the note which he indicted, it contained only a I'emark on the
execution of a man who, whether innocent or guilty, was tried in
such a manner, that a gentleman of the Irish bar, his counsel, threw
up his brief in disgust ; and when the judge who presided at the ti*ial
ordered the counsel to remain and defend Barry, that counsel swore,
in this court, that he rejected the judge's mandate with contempt.
" What a mighty triumph was the conviction proved against this
note on Barry's case ! And may one be permitted mournfully to
ask, whether the indignation, which might have produced indiscretion
in speaking of Barry's fate, was a very culpable quality in a feeling
mind, prone to detest the horrors with which human blood is some-
times shed under the forms and mockery of trial ? But that convic-
tion, although it will erase the note, will not stay the demand which
an intelligent public make for this valuable work. Already have
two valuable editions of it been sold, and a third edition is loudly
called for, and about to appear.
" What, in the meantime, has been the fate of the answers ? I see
two booksellers amongst you ; they will tell you that the answers are
recollected only by the loss they have produced to them, and by the
cumbering of their shelves. Such is the result of the loyal triumph
of his Grace the Duke of Richmond's administration. May such in
every age be the fruits of every prosecutor of free discussion, and of
the assertion of political truth !
" I have followed the Attorney- General through his discussion
506 MEMOIR AND SPEECHES OF
upon Walter Cox and ' The Statement of the Penal Laws,' without
being able exactly to conjecture his motives for introducing them.
As to Cox, it appears to be the mere gratification of his delight at
the misery to which that unfortunate man is reduced. As to ' the
book,' I can only conjecture that his wish is to insinuate to you that
the author of ' the book' and of this publication is the same. If that
were his design, it may be enough to say, that he has not proved the
fact, and, therefore, in fairness, it ought not at all to influence your
decision. I go further and tell him, that the fact is not so ; that the
author is a different person ; that the writer of this alleged libel is a
Protestant — a man of fortune — a man of that rank and estimation
that even the Attorney-General, were I to announce his name, which
my client will never do, or suffer his advocate to do, that name would
extort respect, even from the Attorney-General himself.
" He has, in his usual fashion, calumniated the spmt and object of
' the Statement of the Penal Laws.' He says it imputes murder and
every other crime to persons in high stations, as resulting from their
being Protestants. He says that it attributes to the Lord Lieu-
tenant the committing murder on a Catholic, because he himself is a
Protestant. Gentlemen, I wish you had read that book ; if you did,
it would be quite unnecessary for me to contradict those assertions
of the Attorney-General. In fact, there never were assertions more
unfounded ; that book contains nothing that could warrant his
description of it ; on the contrary, the book seeks to establish this
position, that the grievances which the Irish Catholics suffer, are not
attributable to the Protestant religion — that they are repugnant to
the spirit of that religion, and are attributable, simply and singly, to
the spirit of monopoly, and tone of superiority, generated and
fostered by the system of exclusion, upon which the Penal Code
rests.
" The author of that book is confessedly a Catholic ; yet the book
states, and the Attorney-General heard the passage twice read in this
court, that ' if Roman Catholics were placed, by unjust laws, in the
situation in which the Irish Protestants now are placed, they would
oppress and exclude precisely as the Protestants now do.' In short,
his statement and reasonings are founded on this, that it is unjust
to give any religion exclusive political advantages ; because, what-
ever that religion may be, the result will necessarily prove oppres-
sive and insulting towards the less favoured sect. He argues not
ekclusively against any particular religion, but from natural causes
DANIEL O'CONNELL, ESQ., M.P. 507
operating on human beings. His book may be a libel on human
nature, but it is no more a libel on the Protestant than on the
Catholic religion. It draws no other inference than this, that Ca-
tholics and Protestants, under similar circumstances, would act
precisely in the same way.
" Having followed the prosecutor through this weary digression, I
return to the next sentence of this publication. Yet I cannot — I
must detain you still a little longer from it, whilst I supplicate your
honest indignation, if in your resentments there be ought of honesty,
against the mode in which the Attorney-General has introduced the
name of our aged and afflicted sovereign. He says, this is a libel
on the king, because it imputes to him a selection of improper and
criminal chief governors. Gentlemen, this is the very acme of
servile doctrine. It is the most unconstitutional doctrine that could
be uttered : it supposes that the sovereign is responsible for the acts
of his servants, whilst the constitution declares that the king can do
no wrong, and that even for his personal acts, his servants shall be
personally responsible. Thus, the Attorney-General reverses for
you the constitution in theory ; and, in point of fact, where can be
found, in this publication, any, even the slightest allusion, to his
Majesty. The theory is against the Attorney- General, and yet,
contrary to the fact, and against the theory, he seeks to enlist another
prejudice of yours against Mr. Magee.
"Prejudice did I call it? oh, no! it is no prejudice; that sen-
timent which combines respect with affection for my aged sovereign,
suffering under a calamity with which heaven has willed to visit
him, but which is not due to any default of his. There never
was a sentiment that I should wish to see more cherished — more
honoured. To you the king may appear an object of respect ; to
his Catholic subjects he is one of veneration ; to them he has been
a bountiful benefactor. To the utter disregard of your aldermen of
Skinner's-alley, and the more pompous magnets of William-street,
his Majesty procured, at his earnest solicitation from parliament, the
restoration of much of our liberties. He disregarded your anti-
Popery petitions. He treated, with calm indifference, the ebullitions
of your bigotry ; and I owe to him that I have the honour of standing
in the proud situation from which I am able, if not to protect my
client, at least to pour the indignant torrent of my discourse against
his enemies, and those of his country.
" The publication to which I now recall yon, goes to describe the
508 MEMOIR AND SPEECHES OF
effects of the facts which I have shown you to have been di'awn
from the undisputed and authentic history of former times. I have,
I hope, convinced you, that neither Leland nor Hume could have
been indicted for stating those facts, and it would be a very strange
perversion of principle, which would allow you to convict Mr.
Magee for that which has been stated by other writers, not only
without punishment, but with applause.
" That part of the paragraph which relates to the present day is in
these words : —
" ' Since that period the complexion of the times has changed —
the country has advanced — it has outgrown submission, and some
forms, at least, must now be observed towards the people.
" * The system, however, is still the same ; it is the old play with
new decorations, presented in an age somewhat more enlightened ;
the principle of government remains unaltered — a principle of ex-
clusion which debars the majority of the people from the enjoyment
of those privileges that are possessed by the minority, and which
must, therefore, maintain itself by all those measures necessary for a
government founded on injustice.'
" The prosecutor insists that this is the most libellous part of
the entire publication. I am glad he does so ; because if there be
amongst you a single particle of discrimination, you cannot fail to
perceive that this is not a libel — that this paragraph cannot constitute
any crime. It states that the present is a system of exclusion.
Surely, it is no crime to say so ; it is what you all say. It is what
the Attorney- General himself gloried in. This is, said he, ex-
clusively a Protestant government. Mr. Magee and he are agreed.
Mr. Magee adds, that a principle of exclusion, on account of religion,
is founded on injustice. Gentlemen, if a Protestant were to be
excluded from any temporal advantages upon the score of his
religion, would not you say that the principle upon which he was
excluded was unjust? That is precisely what Mr. Magee says ; for
f,he principle which excludes the Catholic in Ireland, would exclude
the Protestant in Spain and in Portugal, and then you clearly admit
its justice. So that, really, you would condemn yourselves, and
your own opinions, and the right to be a Protestant in Spain and
Portugal, if you condemn this sentiment.
" But I would have you further observe that this is no more than
the discussion of an abstract principle of government ; it arraigns
not the conduct of any individual, or of any administration ; it only
DANIEL O'CONNELL, ESQ., M.P. 509
discusses and decides upon the moral fitness of a certain theory, on
which the management of the affairs of Ireland has been conducted.
If this be a crime, we are all criminals ; for this question, whether
it be just or not to exclude from power and office a class of the
people for religion, is the subject of daily — of hourly discussion.
The Attorney-General says it is quite just; I proclaim it to be
unjust — obviously unjust. At all public meetings, in all private
companies, this point is decided different ways, according to he
temper and the interest of individuals. Indeed, it is but too much
the topic of every man's discourse; and the gaols and the barracks of
the country would not contain the hundreth part of those whom the
Attorney-General would have to crowd them, if it be penal to call
the principle of exclusion unjust. In this court, without the least
danger of interruption or reproof, I proclaim the injustice of that
principle.
" I will then ask whether it be lawful to print that which it is not
unlawful to proclaim in the face of a court of justice ? And, above
all, I will ask whether it can be criminal to discuss the abstract prin-
ciples of government ? Is the theory of the law a prohibited sub-
ject ? I had understood that there was no right so clear and
undoubted as that of discussing abstract and theoretic principles, and
their applicability to practical purposes. For the first time do I
hear this disputed ; and now see what it is the Attorney-General
prohibits. He insists upon punishing Mr. Magee ; first, because he
accuses his administration of ' errors' ; secondly, because he charges
them with not being distinguished for ' talents' ; thii'dly, because he
cannot discover their ' striking features' ; and, fourthly, because he
discusses an ' abstract principle !'
" This is quite intelligible — this is quite tangible. I begin to
understand what the Attorney-General means by the liberty of the
Press ; it means a prohibition of printing anything except praise,
respecting ' the errors, the talents, or the striking features' of any
administration, and of discussing any abstract principles of govern-
ment. Thus the forbidden subjects are errors, talents, striking fea-
tures, and principles. Neither the theory of the government nor its
practices are to be discussed ; you may, indeed, praise them ; you
may call the Attorney- General 'the best and wisest of men ;' you
may call his lordship the most learned and impartial of all possible
chief justices ; you may, if you have powers of visage sufficient, call
the Lord Lieutenant the best of all imaginable governors. That,
510 MEMOIR AND SPEECHES OF
gentlemen, is the boasted liberty of the Press — the liberty that
exists in Constantinople — the liberty of applying the most fulsome
and unfounded flattery, but not one word of censure or reproof.
" Here is an idol worthy of the veneration of the Attorney-
General. Yes ; he talked of his veneration for the liberty of the
Press ; he also talked of its being a protection to the people against
the government. Protection ! not against errors — not against the
want of talents or striking features — nor against the effort of any
unjust principle — protection ! against what is it to protect ? Did he
not mock you ? Did he not plainly and palpably delude you, when
he talked of the protection of the Press ? Yes. To his inconsistencies
and contradictions he calls on you to sacrifice your consciences ; and
because you are no-Popery men, and distributors of Bibles, and
aldermen of Skinner's -alley, and Protestant petitioners, he requires
of you to brand your souls with perjury. You cannot escape it; it
is, it must be perjury to find a verdict for a man who gravely admits
that the liberty of the Press is recognised by the law, and that it is a
venerable object, and yet calls for your verdict upon the ground that
there is no such thing in existence as that which he has admitted,
that the law recognises, and that he himself venerates.
" Clinging to the fond but faint hope that you are not capable
of sanctioning, by your oaths, so monstrous an inconsistency,
" I lead you to the next sentence upon this record.
" ' Although his grace does not appear to know what are the
qualities necessary for a judge in Canada, or for an aid-de-camp in
waiting at a court, he surely cannot be ignorant what are requisites
for a lord lieutenant.'
" This appears to be a very innocent sentence ; yet the Attorney-
General, the venerator of that protection of the people against a bad
government — the liberty of the Press — tells you that it is a gross libel
to impute so much ignorance to his grace. As to the aid-de-camp,
gentlemen, whether he be selected for the brilliancy of his spurs,
the polish of his boots, or the precise angle of his cocked hat, are
grave considerations which I refer to you. Decide upon these
atrocities I pray you. But as to the judge in Canada, it cannot be
any reproach to his grace to be ignorant of his qualifications. The
old French law prevails in Canada, and there is not a lawyer at the
Irish bar, except, perhaps, the Attorney- General, who is sufficiently
acquainted with that law to know how far any man may be fit for
the station of judge in Canada.
DANIEL O'CONNELL, ESQ,, M.P. 511
" If this be an ignorance without reproach in Irish lawyers, and if
there be any reproach in it, I feel it not, whilst I avow that igno-
rance— yet, surely it is absurd to torture it into a calumny against
the Lord Lieutenant — a military man, and no lawyer. I doubt
whether it would be a libel if my client had said, that his grace was
ignorant of the qualities necessary for a judge in Ireland — for a
chief judge, my lord. He has not said so, however, gentlemen, and
true or false, that is not now the question under consideration. We are
in Canada at present, gentlemen, in a ludicrous search for a libel in a
sentence of no great point or meaning. If you are sapient enough to
suspect that it contains a libel, your doubt can only arise from not
comprehending it ; and that, I own, is a doubt difficult to remove.
But I mock you when I talk of this insignificant sentence.
" I shall read the next paragraph at full length. It is connected
with the Canadian sentence : —
" ' Therefore, were an appeal to be made to him in a dispassionate
and sober moment, we might candidly confess that the Irish would
not be disappointed in their hopes of a successor, though they would
behold the same smiles, experience the same sincerity, and witness
the same disposition towards conciliation.
" ' What, though they were deceived in 1795, and found the mild-
ness of a Fitzwilliam a false omen of concord ; though they were
duped in 1 800, and found that the privileges of the Catholics did not
follow the extinction of the parliament, yet, at his departure, he will,
no doubt, state good grounds for future expectation ; that his ad-
ministration Avas not the time for Emancipation, but that the season
is fast approaching ; that there were ' existing circumstances, but
that now the people may rely upon the virtues even of an hereditary
Prince ; that they should continue to worship the false idol ; that
their cries, must, at least, be heard ; and that, if he has not complied,
it is only because he has not spoken. In short, his grace will in no
way vary from the uniform conduct observed by most of his prede-
cessors, first preaching to the confidence of the people, then playing
upon their credulity.
" 'He came over ignorant — he soon became prejudiced, and then
he became intemperate. He takes from the people their money ; he eats
of their bread, and drinks of their wine ; in return, he gives them a
bad government, and, at his departure, leaves them more distracted
than evei'. His grace commenced his reign by flattery, he con-
512 MEMOIR AND SPEECHES OF
tinued it in folly, he accompanied it with violence, and he will con-
clude it with falsehood.'
" There is one part of this sentence, for which I most respectfully
solicit your indulgence and pardon. Be not exasperated with us for
talking of the mildness of Lord Fitzwilliam, or of his administration.
But, notwithstanding the violence any praise of him has excited
amongst you, come dispassionately, I pray you, to the consideration
of the paragraph. Let us abstract the meaning of it from the super-
fluous words. It certainly does tell you, that his grace came over
ignorant of Irish affairs, and he acquired prejudices upon those
subjects, and he has become intemperate. Let us discuss this part
separately from the other matter suggested by the paragraph in
question. That the Duke of Richmond came over to Ireland ignorant
of the details of our domestic policy cannot be matter either of sui"-
prise or of any reproach. A military man engaged in these pui-suits,
which otherwise occupy persons of his rank altogether unconnected
with Ireland, he could not have had any inducement to make himself
acquainted with the details of our barbarous wrongs, of our senseless
party quarrels, and criminal feuds ; he was not stimulated to examine
them by any interest, nor could any man be attracted to study them
by taste. It is, therefore, no censure to talk of his ignorance — of
that with which it would be absurd to expect that he should be
acquainted ; and the knowledge of which would neither have served,
nor exalted, nor amused him.
" Then, gentlemen, it is said he became ' prejudiced.' Prejudiced
may sound harsh in your ears ; but you are not, at least you ought
not, to decide upon the sound — it is the sense of the word that should
determine you. Now what is the sense of the word ' prejudice' here ?
It means the having adopted precisely the opinions which every one
of you entertain. By ' prejudice' the writer means, and can mean,
nothing but such sentiments as you cherish. "VVlien he talks of pi'e-
judice, he intends to convey the idea that the Duke took up the
opinion, that the few ought to govern the many in Ireland ; that
there ought to be a favoured, and an excluded class in Ireland ; that
the burdens of the state ought to be shared equally, but its benefits
conferred on a few. Such are the ideas conveyed by the word
prejudice ; and I fearlessly ask you, is it a crime to impute to his
grace these notions which you yourselves entertain ? Is he calum-
niated— is he libelled, when he is charged with concurring with you,
DANIEL O'CONNELL, ESQ., M.P. 513
gentlemen of the jury ? Will you, by a verdict of conviction, stamp
your own political sentiments with the seal of reprobation ? If you
convict my client, you do this ; you decide that it is a libel to charge
any man with those doctrines which are so useful to you individually,
and of which you boast ; or, you think the opinions just, and yet that
it is criminal to chai'ge a man with those just opinions. For the
sake, therefore, of consistency, and as an approval of your own
opinions, I call on you for a verdict of acquittal.
" I need not detain you long on the expression ' intemperate ;' it
does not mean any charge of excess of indulgence in any enjoyment;
it is not, as the Attorney- General suggested, an accusation of indulg-
ing beyond due bounds in the pleasures of the table, or of the bottle ;
it does not allude, as the Attorney- General says, to midnight orgies,
or to morning revels. I admit — I fi'eely admit — that an allusion of
that kind would savour of libel, as it would certainly be unnecessary
for any purpose of political discussion. But the intemperance here
spoken of is mere political intemperance ; it is that violence which
every man- of a fervid disposition feels in support of his political
opinions. Nay, the more pure and honest any man may be in the
adoption of his opinions, the more likely and the more justifiable will
he be in that ardent support of them, which goes by the name of
intemperance. In short, although political intemperance cannot be
deemed by cold calculators as a virtue, yet it has its source in the
purest virtues of the human heart, and it frequently produces the
gi'eatest advantages to the public. How would it be possible to
overcome the many obstacles which self-interest, and ignorance, and
passion throw in the way of improvement, without some of that ardour
of temper and disposition which grave men call intemperance ? And,
gentlemen^ are not your opinions as deserving of warm support as the
opinion of other men ; or do you feel any inherent depravity in the
political sentiments which the Duke of Richmond has adopted from
you that would render him depraved or degraded by any violence in
their support ? You have no alternative. If you convict my client,
you condemn, upon your oaths, your own political creed ; and declare
it to be a libel to charge any man with energy in your cause,
" If you are not disposed to go this length of political inconsistency,
and if you have determined to avoid the religious inconsistency of
perjuring yourselves for the good and glory of the Protestant reli-
gion, do, I pray you, examine the rest of this paragraph, and see
2 L
514 MEMOIR AND SPEECHES OF
whether you can, by any ingenuity, detect that nondescript a libel in
it. It states in substance this : that this administration, treading in
the steps of former administrations, preached to the confidence of the
people, and played on their credulity; and tliat it will end, as those
administrations have done, in some flattering prophecy, paying present
disappointment with the coinage of delusive hope. That this ad-
ministration commenced, as usual, with preaching to the confidence
of the people, was neither criminal in the fact, nor can it be unplea-
sant in the recital.
"It is the immemorial usage of all administrations and of all
stations, to commence with those civil professions of future excellence
of conduct which are called, and not unaptly, '^ preaching to the con-
fidence of the people J The very actors are generally sincere at this
stage of the political farce ; and it is not insinuated that this ad-
ministration was not as candid on this subject as the best of its
predecessors. The playing on the credulity of the people is the
ordinary state trick. You recollect how angry many of you were
with his Grace for his Munster tour, shortly after his arrival here.
You recollect how he checked the Mayor of Cork for proposing the
new favourite Orange toast ; what liberality he displayed to popish
traders and bankers in Limerick ; and how he returned to the
capital, leaving behind him the impression that the no-Popery men
had been mistaken in their choice, and that the Duke of Richmond
was the enemy of every bigotry — the friend to every liberality! Was he
sincere, gentlemen of the jury, or was this one of those innocent
devices which are called — playing on the people's credulity ? Was
he sincere ? Ask his subsequent conduct. Have there been since
that time any other or diiFerent toasts cheered in his presence ?
Has the name of Ireland and of Irishmen been profaned by becom-
ing the sport of the warmth excited by the accompaniment to these
toasts ? Some individuals of you could inform me. I see another
dignitary of your corporation here (said Mr. O'Connell, turning
round pointedly to the lord mayor) — I see a civic dignitary here,
who could tell of the toasts of these days or nights, and would not
be at a loss to apply the right name — if he were not too prudent as
well as too polite to do so — to that innocent affectation of liberality
which distinguished his grace's visit to the south of Ireland. It was,
indeed, a play upon our credulity, but it can be no libel to speak of it
as such ; for see the situation in which you would place his grace ;
DANIEL O'CONNELL, ESQ., M.P. 515
you know he affected conciliation and perfect neutrality between otir
parties at first ; you know he has since taken a marked and decided
part with you.
" Surely you are not disposed to call this a crime, as it were, to
convict his grace of duplicity, and of a vile hypocrisy. No, gentle-
men, I entreat of you not to calumniate the Duke ; call this conduct
a mere play on the credulity of a people easily deceived — innocent
in its intention, and equally void of guilt in its description. Do not
attach to those words a meaning which would prove that you
yourselves condemned, not so much the writer of them, as the man
who gave colour and countenance to this assertion. Besides, gentle-
men, what is your liberty of the Press worth, if it be worthy of a
dungeon to assert that the public credulity has been played upon ?
The liberty of the Press would be less than a dream, a shadow, if
every such phrase be a libel.
"But the Attorney-General triumphantly tells you that there
must be a libel in this paragraph, because it ends with a charge of
falsehood. May I ask you to take the entire paragraph together ?
Common sense and your duty require you to do so. You will then
perceive that this charge of falsehood is no more than an opinion,
that the administration of the Duke of Richmond will terminate
precisely as that of many of his predecessors has done, by an excuse
for the past — a flattering and fallacious promise for the future.
Why, you must all of you have seen, a short time since, an account
of a public dinner in London, given by persons styling themselves
' Friends to Religious Liberty.' At that dinner, at which two of
the Royal Dukes attended, there were, I think, no less than four or
five noblemen who had filled the office of lord lieutenant of Ireland.
Gentlemen, at this dinner, they were ai'dent in their professions of
kindness towards the Catholics of Ireland, in their declarations of
the obvious policy and justice of conciliation and concession, and
they bore ample testimony to our sufferings and our merits. But I
appeal from their present declarations to their past conduct ; they
are now full of liberality and justice to us ; yet, I speak only the
truth of history, when I say that, during their government of this
country, no practical benefits resulted from all this wisdom and
kindness of sentiment; with the single exception of Lord Fitzwilliam,
not one of them even attempted to do any good to the Catholics, or
to Ireland.
"What did the Duke of Bedford do for us? Just nothivg.
51G MEMOIR AND SPEECHES OF
Some civility, indeed, in words — some playing on public credulity —
but in act and deed, nothing at all. What did Lord Hardwicke do
for us ? Oh, nothing, or rather less than nothing ; his administration
here was, in that respect, a kind of negative quality ; it was cold,
harsh, and forbidding to the Catholics — lenient, mild, and encourag-
ing to the Orange faction ; the public mind lay in the first torpor
caused by the mighty fall of the union, and whilst we lay entranced
in the oblivious pool. Lord Hardwicke's administration proceeded
without a trace of that justice and liberality which it appears he
must have thought unbefitting the season of his government, and
which if he then entertained, he certainly concealed ; he ended,
however, with giving us flattering hopes for the future. The Duke
of Bedford was more explicit ; he promised in direct terms, and drew
upon the future exertions of an hereditary Prince, to compensate
us for present disappointment. And will any man assert that the
Duke of Richmond is libelled by a comparison with Lord Hardwicke,
that he is traduced when he is compared with the Duke of Bedford ?
If the words actually were these, ' the Duke of Richmond will ter-
minate his administration exactly as Lord Hardwicke and the Duke
of Bedford terminated their administrations ;' if those were the
words, none of you could possibly vote for a conviction, and yet the
meaning is precisely the same. No more is expressed by the
language of my client ; and, if the meaning be thus clearly innocent*
it would be strange, indeed, to call on you for a verdict of conviction
upon no more solid gi'ound than this, that whilst the signification
was the same, the words were different. And thus, again, does the
prosecutor require of you to separate the sense from the sound, and
to convict for the sound, against the sense of the passage.
" Li plain truth, gentlemen, if there be a harshness in the sound,
there is none in the woi'ds. The writer describes, and means to
describe, the ordinary termination of every administration repaying
in promises the defaults of performance. And, when he speaks of
falsehood, he prophecies merely as to the probable or at least possible
conclusion of the present government. He does not impute to any
precedent, assertion, falsehood ; but he does predict, that the conclud-
ing promise of this, as of other administrations, depending as those
promises always do upon other persons for performance, will remain
as- former promises have remained — unfulfilled and unperformed.
And is this prophecy — this prediction a crime ? Is it a libel to
prophecy ? See what topics this sage venerator of the liberty of
DANIEL O'CONNELL, ESQ., M.P. 517
the Press, the Attorney-General, would fain prohibil. First, he
tells you, that the crimes of the predecessors of the Duke must not
be mentioned — and thus he forbids the history of past events.
Secondly, he informs you, that no allusion is to be made to the
errors, follies, or even to the striking features of the present gover-
nors ; and thus he forbids the detail of the occurrences of the present
day. And, thirdly, he declares that no conjecture shall be made
upon what is likely to occur hereafter ; and thus he forbids all
attempts to anticipate future facts.
" It comes simply to this ; he talks of venerating the liberties of
the Press, and yet he ' restrains that Press from discussing past
history, present story, and future probabilities ; he prohibts the
past, the present, and the future ; ancient records, modern truth,
and prophecy, are all within the capacious range of his punishments.
Is there anything else ? Would this venerator of the liberty of the
Press go further ? Yes, gentlemen, having forbidden all matter of
history past and present, and all prediction of the future, he gene^
rously throws in abstract principles, and, as he has told you, that
his prisons shall contain every person who speaks of what was, or
what is, or what will be, he likewise consigned to the same fate every
person who treats of the theory or principles of government ; and yet
he dares to talk of the liberty of the Press ? Can you be his
dupes ? AVill you be his victims ? "Where is the conscience — where
is the indignant spirit of insulted reason amongst you ? Has party
feeling extinguished in your breasts every glow of virtue — every
spark of manhood ?
"If there be any warmth about you — if you are not clay-cold
to all but party feeling, I would, with the air and in the tone of
triumph, call you to the consideration of the remaining paragra^jh
which has been spread on the lengthened indictment before you. I
divide it into two branches, and shall do no more with the one than
to repeat it. I read it for you already ; I must read it again : —
" ' Had he remained what he first came over, or what he after-
wards professed to be, he would have retained his reputation for
honest., open hostility, defending his political principles with firm-
ness, perhaps, with warmth, but without rancour ; the supporter,
and not the tool of an administration ; a mistaken politician, perhaps,
but an honourable man, and a respectable soldier.'
" Would to God I had to address another jury ! Would to God I
had judgment and reason to address, and I could entertain no ap-
518 MEMOIR AND SPEECHES OF
prehension from passion or prejudice! Here should I then take
my stand, and require of that unprejudiced jury whether this sentence
does not demonstrate the complete absence of private malice or
personal hostility. Does not this sentence prove a kindly dis-
position toward the individual, mixing and mingling with that
discussion which freedom sanctions and requires, respecting his
political conduct ? Contrast this sentence with the prosecutor's
accusation of private malignity, and decide between ]Mr. Magee and
his calumniators. He, at least, has this advantage, that your verdict
cannot alter the nature of things ; and that the public must see
and feel this truth, that the present prosecution is directed against
the discussion of the conduct towards the public, of men confided
with public authority, that this is a direct attack upon the right to
call the attention of the people to the management of the people's
affairs, and that, by your verdict of conviction, it is intended to leave
no peaceful or unawed mode of redress for the wrongs and sufferings
of the people.
" But I will not detain you on these obvious topics. We draw
to a close, and I hurry to it. This sentence is said to be particularly
libellous : —
" ' His party would have been proud of him; his friends would have
praised (they need not have flattered him), and his enemies, though
they might have regretted, must have respected his conduct ; from
the worst quarter there would have been some small tribute of praise ;
from none any great portion of censure ; and his administration,
though not popular, would have been conducted with dignity, and
without offence. This line of conduct he has taken care to avoid :
his original character for moderation he has forfeited ; he can lay no
claim to any merits for neutrality, nor does he even deserve the
cheerless credit of defensive operations. He has begun to act ; he
has ceased to be a dispassionate chief governor, who views the wicked-
ness and the folly of faction with composure and forbearance, and
stands the representative of majesty aloof from the contest. He
descends ; he mixes with the throng ; he becomes personally engaged,
and having lost his temper, calls forth his private passions to support
his public principles ; he is no longer an indifferent viceroy, but a
frightful partisan of an English ministry, whose base passions he
indulges — whose unworthy resentments he gratifies, and on whose
behalf he at present canvasses.'
" Well, gentlemen, and did he not canvass on behalf of the minis-
DANIEL o'CONNELL, ESQ., M.P. 519
try ? "Was there a titled or untitled servant of the Castle who was
not despatched to the south to vote against the popular, and for the
ministerial candidates ? Was there a single individual within the
reach of his grace that did not vote against Prittie and Mathew, in
Tipperary, and against Hutchinson, in Cork. I have brought with
me some of the newspapers of the day, in which this partisanship in
the Lord Lieutenant is treated by Mr. Hutchinson in language so
strong and so pointed, that the words of this publication are mildness
and softness itself, when compared with that language. I shall not
read them for you, because I should fear that you may imagine I
unnecessarily identified my client with the violent but merited
reprobation poured upon the scandalous interference of our govern-
ment with those elections. I need not, I am sure, tell you that any
interference by the Lord Lieutenant with the purity of the election
of members to serve in Parliament, is highly unconstitutional and
highly criminal ; he is doubly bound to the most strict neutrality;
first, as a peer, the law prohibits his interference ; secondly, as repre-
sentative of the crown, his interference in elections is an usurpation
of the people's rights ; it is, in substance and effect, high treason against
the people, and its mischiefs are not the less by reason of there being
no punishment affixed by the law to this treason.
'' If this offence, gentlemen, be of daily recurrence — if it be fre-
quently committed, it is upon that account only the more destructive
to our liberties, and, therefore, reqviires the more loud, direct, and
frequent comdemnation : indeed, if such practices be permitted to
prevail, there is an end of every remnant of freedom ; our boasted
constitution becomes a mockery and an object of ridicule, and we
ought to desire the manly simplicity of unmixed despotism. Will the
Attorney-General — will his colleague, the Solicitor-General, deny
that I have described this offence in its true colours ? Will they
attempt to deny the interference of the Duke of Richmond in the late
elections ? I would almost venture to put your verdict upon this,
and to consent to a conviction, if any person shall be found so stocked
with audacity, as to presume publicly to deny the interference of his
grace in the late elections, and his partisanship in favour of the
ministerial candidates. Gentlemen, if that be denied, what will you,
what can you think of the veracity of the man who denies it ? I
fearlessly refer the fact to you ; on that fact I build. This inter-
ference is as notorious as the sun at noon day ; and who shall
venture to deny that such interference is described by a soft term
520 MEMOIR AND SPEECHES OF
when it is called partisanship ? He who uses the influence of the
executive to control the choice of the representatives of the people,
violates the first principles of the constitution, is guilty of politionl
sacrilege, and profanes the very sanctuary of the people's rights and
liberties ; and if he should not be called a partisan, it is only because
some harsher, and more appropriate term ought to be applied to his
delinquency. •
" I will recall to your minds an instance of violation of the con-
stitution, which will illustrate the situation of my client, and the
protection, which for your own sakes, you owe him. When, in 1687,
King James removed several Protestant rectors in Ireland from their
churches, against law and justice, and illegally and unconstitutionally
placed Roman Catholic clergymen in their stead, would any of you
be content that he should be simply called a partisan ! No, gentle-
men, my client and I — Catholic and Protestant though we be — agree
perfectly in this, that partisan would have been too*mild a name for
him, and that he should have been branded as a violator of law, as
an enemy to the constitution, and as a crafty tyrant who sought to
gratify the prejudices of one part of his subjects that he might trample
upon the liberties of all. And what, I would fain learn, could you
think of the Attorney-General who prosecuted, or of the judge who
condemned, or of the jury who convicted a printer for publishing to
the world this tyranny — this gross violation of law and justice ? But
how would your indignation be roused, if James had been only called
a partiisan, and for calling him a partisan a popish jury had been
packed, a popish judge had been selected, and that the printer, who,
you will admit, deserved applause and reward, met condemnation and
punishment.
" Of you — of you, shall this story be told, if you convict Mr.
Magee. The Duke has interfered in elections; he has violated the
liberties of the subject ; he has profaned the very temple of the con-
stitution ; and he, who has said that in so doing, he was a partisan,
from your hands expects punishment.
" Compare the kindred offences : James deprived the Protestant
rectors of their livings ; he did not persecute, nor did he interfere
with their religion ; for tithes, and oblations, and glebes, and church
lands, though solid appendages to any church, are no part of the
Protestant religion. The Protestant religion would, I presume — and
for the honour of human nature I sincerely hope — continue its in-
fluence over the human mind without the aid of those extrinsic
DANIEL O'CONNELL, ESQ., M.P. 521
advantages. Its pastors would, I trust and believe, have remained
true to their charge, without the adventitious benefits of temporal
rewards; and, like the Roman Catholic church, it might have shone
forth a glorious example of firmness in religion, setting persecution
at defiance. James did not attack the Protestant religion ; I repeat it;
he only attacked the revenues of the Protestant church ; he violated
the law and the constitution, in depriving men of that property, by
his individual authority, to which they had precisely the same right
with that by which he wore his crown. But is not the controlling the
election of members of parliament a more dangerous violation of the
constitution ? Does it not corrupt the very sources of legislation,
and convert the guardians of the state into its plunderers? The one
was a direct and undisguised crime, capable of being redressed in the
ordinary course of the law, and producing resistance by its open and
plain violation of right and of law ; the other disguises itself in so
many shapes, is patronised by so many high examples, and is fol-
lowed by such perfect security, that it becomes the first duty of every
man, who possesses any reverence for the constitution, or any attach-
ment to liberty, to lend all his efforts to detect, and, if possible, to
punish it.
" To any man who loved the constitution or freedom, I could
safely appeal for my client's vindication ; or if any displeasure could
be excited in the mind of such a man, it would arise because of the
forbearance and lenity of this publication. But the Duke is called a
frightful partisan. Granted, gentlemen, granted. And is not the
interference I have mentioned frightful ? Is it not terrific ? Who
can contemplate it without shuddering at the consequences which it
is likely to produce ? What gentler phrase — what lady-like expres-
sion should my client use ? The constitution is sought to be
violated, and he calls the author of that violation a frightful partisan.
Really, gentlemen, the fastidiousness which would reject this expres-
sion would be better employed in preventing or punishing crime,
than in dragging to a dungeon the man who has the manliness to
adhere to truth, and to use it. Recollect also^ — I cannot repeat it too
often — that the Attorney-General told you, that ' the liberty of the
Press was the best protection of the people against the government.'
Now, if the constitution be violated — if the purity of election be
disturbed by the executive, is not this precisely the case when this
pi'otection becomes necessary ? It is not wanted, nor can the Press
be called a protector, so long as the government is administered with
522 MEMOIR AND SPEECHES OF
fidelity, care, and skill. The protection of the Press is requisite
only when integrity, diligence, or judgment do not belong to the
administration ; and that protection becomes the more necessary in
the exact proportion in which these qualities are deficient. But,
what protection can it afford if you convict in this instance ? For,
by doing so, you will decide that nothing ought to be said against
that want of honesty, or of attention, or of understanding ; the
more necessary will the protection of the Press become, the more
unsafe will it be to pwblish the truth ; and in the exact proportion
in which the Press might be viseful, wiU it become liable to punish-
ment. In short, according to the Attorney- General's doctrine, when
the Press is ' best employed and wanted most,' it will be most
dangerous to use it. And thus, the more corrupt and profligate any
administration may be, the more clearly can the public prosecutor
ascertain the sacrifice of his selected victim. And call you this
protection ? Is this a protector who must be disarmed the moment
danger threatens, and is bound a prisoner the instant the fight has
commenced ?
" Here I should close the case — here I should shortly recapitulate
my client's defence, and leave him to your consideration ; but I
have been already too tedious, and shall do no more than recall to
your recollection the purity, the integrity, the entire disinterested-
ness of Mr. Magee's motives. If money were his object, he could
easily procure himself to be patronised and salaried ; but he prefers
to be persecuted and discountenanced by the great and powerful,
because they cannot deprive him of the certain expectation, that his
exertions are useful to his long-suffering ill-requited country.
" He is disinterested, gentlemen ; he is honest ; the Attorney-
General admitted it, and actually took the trouble of administering
to him advice how to amend his fortune and save his person. But
the advice only made his youthful blood mantle in that ingenious
countenance, and his reply was painted in the indignant look, that
told the Attorney-General he might offer wealth, but he could not
bribe — that he might torture, but he could not terrify ! Yes, gentle-
men, firm in his honesty, and strong in the fervour of his love of
Ireland, he fearlessly awaits your verdict, convinced that even you
must respect the man whom you are called upon to condemn. Look
to it, gentlemen ; consider whether an honest, disinterested man shall
be prohibited from discussing public affairs ; consider whether all
but flattery is to be silent — whether the discussion of the errors and
DANIEL O'CONNELL, ESQ., M.P. 523
the capacities of the ministers is to be closed for ever. Whether
we are to be silent as to the crimes of former periods — the follies of
the present, and the credulity of the future ; and, above all, reflect
upon the demand that is made on you to punish the canvassing of
abstract principles.
" Has the Attorney-General succeeded ? Has he pi'ocm-ed a jury
so fitted to his object, as to be ready to bury in oblivion every fault
and every crime, every error and every imperfection of public men,
past, present, and future — and who shall, in addition, silence any
dissertation on the theory or principal of legislation. Do, gentlemen,
go this length with the prosecutor, and then venture on your oaths.
I charge you to venture to talk your families of the venerable liberty
of the Press — the protection of the people against the vices of the
government. I should conclude, but the Attorney- General com-
pels me to follow him through another subject ; he has told you, and
told you truly, that besides the matter set out in the indictment — the
entire of which, gentlemen, we have already gone through — this
publication contains severe strictures upon the alleged indelicacy in
the Chief Justice issuing a ministerial warrant, in a case which was
afterwards to come before him judicially, and upon the manner in
which the jury was attempted to be put together in Doctor Sheridan's
case, and in which a jury was better arranged in the case of Mr.
Kirwan. Indeed, the Attorney-General seemed much delighted
with these topics ; he again burst out into an enraptured encomium
upon himself ; and, as it were inspired by his subject, he rose to the
dignity of a classical quotation, when he exclaimed, ' me me, adsum,
qui feci.' HE forgot to add the still more appropriate remainder of
the sentence, ' mea fraus omnis !'
"Yes, gentlemen, he has avowed with more manliness than disci'e
tion, that he was the contriver of all those measures. With respect
to the warrant which his lordship issued in the stead of the ordinary
justices of the peace, and upon a charge not amounting to any
breach of the peace, I shall say nothing at present. An obvious
delicacy restrains me fi'om entering upon that subject ; and as the
interest of my client does not counteract that delicacy, I shall refrain.
But I would not have it understood that I have formed no opinion
on the subject. Yes, I have formed an opinion, and a strong and
decided opinion, which I am ready to support as a lawyer, and a man,
but the expression of which I now sacrifice to a plain delicacy.
But I must say, that the Attorney-General has thrown new light on
524 MEMOIR AND SPEECHES OF
this business ; lie has given us information we did not possess before.
I did not before know that the warrant was sought for and procured
by the Attorney-General ; I thought it was the spontaneous act of his
lordship, and not in consequence of any private solicitation from the
Attorney-General. In this respect, he has set me right — it is a fact
of considerable value, and although the consequences to be deduced
from it are not pleasing to any man, loving, as I do, the purity of
justice, yet, I most heartily thank the Attorney-General for the
fact — the important fact.
" His second avowal relates to Doctor Sheridan. It really is com-
fortable to know how much of the indecent scene exhibited upon his
trial belonged to the Attorney-General. He candidly tells us, that
the obtrusion of the police magistrate, Sirr, as an assistant to the
Crown Solicitor, was the act of the King's Attorney-General.
'Adsum qui feci,' said he. Thus he avows that he procured an
Orangeman — / do not exactly understand what is meant hy an
Orangeman — some of you could easily tell me — that he caused this
Orangeman to stand in open court, next to the Solicitor for the
Crown, with his written paper, suggesting who were fit jurors for his
purpose, and who should be put by. Gentlemen, he avows that this
profligate scene was acted in the open court, by his directions. It
was by the Attorney-General's special directions, then, that such
men as • John Lindsay, of Sackville-street, and John Roche, of
Strand-street, were set aside ; the latter, because, though amongst
the most wealthy and respectable merchants in your city, he is a
Papist ; and the other, because, although a Protestant, he is tainted
with liberality — the only offence, public or private, that could be
attributed to him. Yes, such men as these were set aside by the
Attorney-General's aid-de-camp, the salaried justice of the police
office.
" The next avowal is also precious. This publication contains
also a commentary on the Castle-list jury that convicted Mr. Kirwan,
and the Attorney-General has also avowed his share in that transac-
tion ; he thus supplies the only link we wanted in our chain of evi-
dence, when we challenged the array upon that trial. If we could have
proved that which the Attorney.General, with his ' adsum qui feci,'
yesterday admitted, we shoiUd have succeeded and got rid of that
panel. Even now, it is delightful to understand the entire machi-
nery, and one now sees at once the reason why Sir Charles Saxton
was not examined on the part of the crown, in reply to the case we
DANIEL 0'C0NNEI,L, ESQ., M.P. 525
made. He would, you now plainly see, have traced the arrangement
to the Attorney-General, and the array must have been quashed.
Thus in the boasting humour of this Attorney-General, he has
brought home to himself personally, that which we attributed to him
only in his official capacity, and he has convicted the man of that
which we charged only upon the office.
" He has, he must have a motive for this avowal ; if he had not
an adequate object in view, he would not have thus unnecessainly
and wantonly taken upon himself all the reproach of those transac-
tions. He would not have boasted of having, out of court, solicited
an extra judicial opinion, in the foi-m of a warrant from his lordship ;
he would not have gloried in employing an Orangeman from the police
office to assist him in open court, with instructions in writing how to
pack his jury ; still less would he have suffered it to be believed that
he was a party at the Castle, with the acting Secretary of State, to
the arrangement of the jury that was afterwards to try a person
prosecuted by the state. He would not have made this, I must say,
disgraceful avowal, unless he were influenced by an adequate motive.
I can easily tell you what that motive was. He knew your preju-
dices— he knew your antipathy — alas ! your interested antipathy —
to the Catholics, and, therefore, in order to induce you to convict a
Protestant of a libel for a publication, innocent, if not useful in itself,
in order to procure that conviction from your party feelings and
your prejudices, which he despaired of obtaining from your judg-
ments, he vaunts himself to you as the mighty destroyer of the
hopes of popish petitioners — as a man capable of every act within,
as out of the profession, to prevent or impede any relief to the papists.
In short, he wishes to show himself to you as an active partisan at
your side ; and upon those merits he who knows you best, claims
your verdict — a verdict which must be given in on your oaths, and
attested by and in the name of the Gor> of the Christians.
" For my part I frankly avow that I shudder at these scenes ; I
cannot, without horror, view this interfering and intermeddling with
judges and juries, and my abhorrence must be augmented, when I
find it avowed, that the actors in all these sad exhibitions were the
mere puppits of the Attorney- General, moved by his wires, and
performing under his conti'ol. It is in vain to look for safety to
person or property, whilst this system is allowed to pervade our
courts; the very fountain of justice may be corrupted at its source,
and those waters which should confer health and vigour throughout
526 MEMOIR AND SPEECHES OF
the land, can then diffuse nought but mephitic and pestilential
vapours to disgust and to destroy. If honesty, if justice be silent,
yet prudence ought to check these practices. "We live in a new
era — a melancholy era, in which perfidy and profligacy are sanctioned
by high authority ; the base violation of plighted faith, the deep
stain of dishonour, infidelity in love, treachery in friendship, the
abandonment of every principle, and the adoption of every frivolity
and of every vice that can excite hatred combined with ridicule —
all — all this, and more, may be seen around us ; and yet it is believed,
it is expected; that this system is fated to be eternal. Gentlemen, we
shall all weep the insane delusion, and in the terrific moments of
altercation you know not, you cannot know, how soon or how bitterly
the ingredients of your own poisoned chalice may be commended to
your own lips.
" With these views around us — with these horrible prospects lying
obscurely before us — in sadness and in sorrow party feelings may
find a solitary consolation. My heart feels a species of relief Avhen
I recollect that not one single Roman Catholic has been found suited
to the Attorney-General's purpose. With what an affectation of
liberality would he have placed, at least, one Roman Catholic on
his juries, if he could have found one Roman Catholic gentleman in
this city capable of being managed into fitness for those juries. You
well know that the very first merchants of this city, in wealth as well
as in character, are Catholics. Some of you serve occasionally on special
juries in important cases of private property. Have you ever seen
one of those special juries without many Catholics? — frequently a
majority — seldom less than one-half of Catholics. Why are Catholics
excluded from these state juries? Who shall venture to avow the
reason ? Oh, for the partisan indiscretion that would blindly avow
the reason ! It is, in truth, a high compliment, which persecution,
in spite of itself, pays to independent integrity.
" It is, in fact, a compliment. It is intended for a reproach, for a
libel. It is meant to insinuate that such a man, for example, as
Randal M'Donnell — the pride and boast of commerce — one of the
first contributors to the revenues of the state, and the first in all
the sweet charities of social life — would refuse to do justice,
upon his oath, to the Crown, and perjure himself in a state trial,
because he is a Roman Cathlic. You, even you, would be shocked,
if any man were so audacious as to assert, in words, so foul a
libel, so false a calumny ; and yet what does the conduct of the Attor-
DANIEL O'CONNELL, ESQ., Rl.P. 527
ney-General amount to ? Wliy, practically, to just such a libel, to
precisely such a calumny. He acts a part which he would not
venture to speak, and endeavours silently to inflict a censure, which
no man could be found so devoid of shame as to assert in words.
And here, gentlemen, is a libel for which there is no punishment ;
here is a profligate calumny for which the law furnishes no redress ;
he can continue to calumniate us by his rejection. See whether he
does not offer you a greater insult by his selection ; lay your hands
to your hearts, and in private communion with yourselves, ask the
reason why you have been sought for and selected for this jury —
will you discover that you have been selected because of admitted*
impartiality ?
" Would to God you could make that discovery ! It would be one
on which my client might build the certain expectation of a trium-
phant acquittal.
" Let me transport you from the heat and fury of domestic
politics ; let me place you in a foreign land ; you are Protestants,
with your good leave, you shall, for a moment, be Portuguese,
and Portuguese is now an honourable name, for right well have
the people of Portugal fought for their country, against the foreign
invader. Oh! how easy to procure a similar spirit, and more of
bravery, amongst the people of Ireland ! The slight purchase of good
words, and a kindly disposition, would convert them into an impene-
trable guard for the safety of the Throne and the State. But
advice and regret are equally unavailing, and they are doomed to
calumny and oppression, the reality of persecution, and the mockery
of justice, until some fatal hour shall arrive, which may preach wisdom
to the dupes, and menace with punishment the oppressor.
" In the meantime I must place you in Portugah Let us suppose,
for an instant, that the Protestant religion is that of the people of
Portugal — the Catholic, that of the government — that the House of
Braganza has not reigned, but that Portugal is still governed by the
viceroy of a foreign nation, from whom no kindness, no favour has
ever flowed, and from whom justice has rarely been obtained, and
upon those unfrequent occasions, not conceded generously, but
extorted by foi'ce, or wrung from distress by terror and apprehension,
in a stinted measure and ungracious manner ; you, Protestants, shall
form, not as with us in Ireland, nine-tenths, but some lesser number,
you shall be only four-fifths of the population ; and all the persecution
which you have yourselves practised here upon papists, whilst you,
528 MEMOIR AND SPEECHES OF
at the same time, accused the papists of the crime of being perse-
cutors, shall glow around ; your native land shall be to you the
country of strangers ; you shall be aliens in the soil that gave you
birth, and whilst every foreigner may, in the land of your forefathers,
attain rank, station, emolument, honours, you alone shall be
excluded ; and you shall be excluded for no other reason but a con-
scientious abhorence to the religion of your ancestors.
" Only think, gentlemen, of the scandalous injustice of punishing
you because you are Protestants. With what scorn — with what
contempt do you not listen to the stale pretences — to the miserable
"excuses by which, under the name of state reasons and political
arguments, your exclusion and degradation are sought to be justified.
Your reply is ready — ' perform your iniquity — men of crimes (you
exclaim) be unjust — punish us for our fidelity and honest adherence
to truth, but insult us not by supposing that your reasoning can
impose upon a single individual either of us or of yourselves.' In
this situation let me give you a viceroy ; he shall be a man who may
be styled — by some person disposed to exaggerate, beyond bounds, his
merits, and to flatter him more than enough — ' an honourable man
and a respectable soldier,' but, in point of fact, he shall be of that
little-minded class of beings who are suited to be the plaything of
knaves — one of those men who imagine they govern a nation,
whilst, in reality, they are but the instruments upon which the crafty
play with safety and with profit. Take such a man for your
viceroy — Protestant Portuguese. We shall begin with making this
tour from Tralos Montes to the kingdom of Algesiras — as one
amongst us should say, from the Giant's Causeway to the kingdom of
Kerry. Upon this tour he shall aifect great candour and good-will
to the poor suffering Protestants. The bloody anniversaries of the
inquisitorial triumphs of former days shall be for a season abandoned,
and over our inherent hostilty the garb of hypocrisy shall, for a
season, be thrown. Enmity to the Protestants shall become, for a
moment, less apparent ; but it will be only the more odious for the
transitory disguise.
" The delusion of the hour having served its purpose, your
viceroy shows himself in his native colours ; he selects for oflice, and
prefers for his pension-list, the men miserable in intellect, if they be
but virulent against the Protestants ; to rail against the Protestant
religion — to turn its holiest rites into ridicule — to slander the
individual Protestants, are the surest, the only means to obtain his
DANIEL O'CONNELL, ESQ., M.P. 529
favour and patronage. He selects from his popish bigots some, being
more canine than human, who, not having talents to sell, brings to
the market of bigotry his impudence — who, with no quality under
heaven, but gross, vulgar, acrimonious, disgustful, and shamelesis
abuse of Protestantism to recommend him, shall be promoted to some
accountant- generalship, and shall riot in the spoils of the people he
traduces, as it were to crown with insult the severest injuries. This
viceroy selects for his favourite privy councillor some learned doctor,
half lawyer, half divine, an entire brute, distinguished by the
unblushing repetition of calumnies against the Protestants. This
man has assei*ted that Protestants are perjurers and murdei-ers in
principle — that they keep no faith with papists, but hold it lawful
and meritorious to violate every engagement, and commit every
atrocity towards any person who happens to differ with Protestants
in religious belief. This man raves thus, in public, against the
Protestants, and has turned his ravings into large personal emolu-
ments. But whilst he is the oracle of minor bigots, he does not
believe himself, he has selected for the partner of his tenderest joys,
of his most extatic moments — he has chosen for the intended mother
of his children, for the sweetener and solace of his every care, a
Protestant, gentlemen of the jury,
" Next to the vile instruments of bigotry, his accountant-general
and privy councillor, we will place his acts. The Protestants of
Portugal shall be exposed to insult and slaughter ; an Orange party —
a party of popish Orangemen, shall be supposed to exist ; they shall
have liberty to slaughter the unarmed and defenceless Protestants, and
as they sit peaceably at their fire-sides. They shall be let loose in some
Portuguese district, called Monaghan ; they shall cover the streets of
some Portuguese town of Belfast with human gore ; and in the
metropolis of Lisbon, the Protestant widow shall have her harmless
child murdered in the noon day, and his blood shall have flowed
unrequited, because his assassin was very loyal when he was drunk,
and had an irresistible propensity to signalise his loyalty by killing
Protestants. Behold, gentlemen, this viceroy depriving of command,
and staying the promotion of, every military man who shall dare to
think Protestants men, or who shall presume to suggest that they
ought not to be prosecuted. Behold this viceroy promoting and
rewarding the men who insulted and attempted to degrade the
first of your Protestant nobility. Behold him in public, the man I
have described.
2 M
530 MEMOUl AND SPEECHES OF
" In his personal concerns he i-eceives an enormous revenue from
the people he thus misgoverns. See in his management of that
revenue a parsimony at which even his enemies blush. See the
paltry sum of a single joe refused to any Protestant charity, whilst his
bounty is unknown even at the popish institutions for benevolent
purposes. See the most wasteful expenditure of the public money —
every job patronised — every profligacy encouraged. See the resources
of Portugal diminished. See her discords and her internal feuds in-
creased. And, lastly, behold the course of justice perverted and
corrupted.
" It is thus, gentlemen, the Protestant Portuguese seek to obtain
relief by humble petition and supplication. There can be no crime
surely for a Protestant oppressed, because he follows a religion which
is, in his opinion, true, to endeavour to obtain relief by mildly repre-
senting to his popish oppressors, that it is the right of every man to
worship the Deity according to the dictates of his own conscience ;
to state x'espectfully to the governing powers that it is unjust, and
may be highly impolitic to punish men, merely because they do not
profess popery, which they do not believe ; and to submit, with all
humility, that to lay the burdens of the state equally, and distribute
its benefits partially, is not justice, but, although sanctioned by the
pretence of religious zeal, is, in truth, iniquity, and palpably criminal.
Well, gentlemen, for daring thus to remonstrate, the Protestants are
persecuted. The first step in the persecution is to pei'vert the plain
meaning of the Portuguese language, and a law prohibiting any
disguise in apparel, shall be applied to the ordinary dress of the
individual ; it reminds one of pretence and purpose. To carry on
these persecutions, the viceroy chooses for his first inquisitor the
descendant of some popish refugee — some man with an hereditary
hatred to Protestants; he is not the son of an Irishman, this
refugee inquisitor — no, for the fact is notorious, that the Irish
refugee papists were ever distinguished for their liberality, as well
as for their gallantry in the field and talent in the cabinet. This
inquisitor shall be, gentlemen, a descendant from one of those
English papists, who was the dupe or contriver of the Gunpowder
Plot ! With such a chief inquisitor, can you conceive any thing more
calculated to rouse you to agony than the solemn mockery of your
trial. This chief inquisitor begins by influencing the judges out of
court ; he proceeds to inquire out fit men for his interior tribunal,
which, for brevity, wc will call a jury. He selects his juries from
DANIEL o'CONNELL, ESQ., M.P. 531
the most violent of the popish Orangemen of the city, and procures a
conviction against law and common sense, and without evidence.
Have you followed me, gentlemen ? Do you enter into the feelings
of Protestants thus insulted, thus oppressed, thus persecuted — their
enemies and traducers promoted, and encouraged, and richly rewarded
— their friends discountenanced and displaced — their persons unpro-
tected, and their characters assailed by hired calumniators — their
blood shed with impunity — their revenues parsimoniously spared
to accumulate for the individual, wastefuUy squandered for the
state — the emblems of discord, the war-ciy of disunion, sanctioned
by the highest authority, and Justice herself converted from an im-
partial arbitrator into a frightful partisan ?
" Yes, gentlemen, place yourselves as Protestants under such a
" persecution. Behold befoi'e you this chief inquisitor, with his pre-
judiced tribunal — this gambler, with a loaded die; and now say what
are your feelings — what are your sensations of disgust, abhorrence,
affright ? But if at such a moment some ardent and enthusiastic •
papist, regardless of his interests, and roused by the crimes that were
thus committed against you, should describe, in measured, and
cautious, and cold language, scenes of oppression and iniquity — if he
were to describe them, not as I have done, but in feeble and mild
language, and simply state the facts for your benefit and the instruc-
tion of the public — if this liberal papist, for this, were dragged to the
Inquisition, as for a crime, and menaced with a dungeon for years,
good and gracious God ! how would you revolt at and abominate the
men who could consign him to that dungeon ! With what an eye of
contempt, and hatred, and despair, would you not look at the packed
and profligate tribunal, which could direct punishment against him
who deserved rewards ! "What pity would you not feel for the
advocate who heavily, and without hope, laboured in his defence !
and with what agonized and frenzied despair would you not look to
the future destinies of a land in which perjury was organized, and
from which humanity and justice had been for ever banished !
" With this picture of yourselves in Portugal, come home to us in
Ireland, say is that a crime, when applied to Protestants, which is
a virtue and a merit when applied to papists ? Behold how we suffer
here ; and then reflect, that it is principally by reason of your preju-
dices against us that the Attorney-General hopes for your verdict.
The good man has talked of liis impartiality ; he will suppress, he
says, the licentiousness of the Press. I have, I hope, shown you the
532 MEMOIR AND SPEECHES OF
right of my client to discuss the public subjects which he has discussed
in the manner they are treated of in the publication before you, yet
he is prosecuted. Let me read for you a paragraph which the
Attorney- General has not prosecuted — which he has refused to pro-
secute : .
"'Ballybay, July 4, 1813.
" * A meeting of the Orange lodges was agreed on, in consequence
of the manner in which the Catholics wished to have persecuted the
loyalists in this county last year, ivhen they even murdered some of
them for no other reason than their being yeomen and Protestants'
" And, again —
'* ' It was at Ballybay that the Catholics murdered one Hughes, a
yeoman serjeant, for being a Protestant, as was given in evidence at
the assizes by a Catholic witness.'
" I have read this passage from the Hibernian Journal of the 7th
of this month. I know not whether you can hear, unmoved, a
paragraph which makes my blood boil to read ; but I shall only tell
you, that the Attorney- General refused to prosecute this libeller.
Gentlemen, there have been several murders committed in the county
of Monaghan, in which Ballybay lies. The persons killed happened
to be Roman Catholics ; their murderers are Orangemen. Several of
the persons accused of these murders are to be tried at the ensuing
assizes. The agent applied to me personally, with this newspaper ;
he stated that the obvious intention was to create a prejudice upon
the approaching trials favourable to the murderers, and against the
prosecutors. He stated what you — even you — will easily believe,
that there never was a falsehood more flagitiously destitute of truth
than the entire paragraph. I advised him, gentlemen, to wait on the
Attorney- General in the most respectful manner possible, to show
him this paragraph, then to request to be allowed to satisfy him as to
the utter falsehood of the assertions which this paragraph contained,
which could be more easily done, as the judges who went that circuit
could prove part of it to be false ; and I directed him to entreat that
the Attorney- General, when fully satisfied of the falsehood, would
prosecute the publisher of this, which, I think, I may call an atro-
cious libel.
" Gentlemen, the Attorney- General was accordingly waited on ;
he was respectfully requested to prosecute upon the terms of having
tliQ falsehood of these assertions first proved to him. I need not tell
you he refused. These are not the libellers he prosecutes. Gentle-
DANIEL O'CONNELL, ESQ., M.P. 533
men, this not being a libel on any individual, no private individual
can prosecute for it ; and the Attorney-General turns his Press
loose on the Catholics of the county of Monaghan, whilst he viru-
lently assails Mr. Magee for what must be admitted to be com-
paratively mild and inoffensive.
" No, gentlemen, he does not prosecute this libel. On the con-
trary, this paper is paid enormous sums of the public money. There
are no less than five proclamations in the paper containing this
libel ; and, it was proved in my presence, in a court of justice, that,
besides the proclamations and public advertisements, the two pro-
prietors of the paper had each a pension of £400 per annum, for
supporting government, as it was called. Since that period one of
those proprietors has got an office worth, at least, £800 a year ;
and the son of the other, a place of upwards of £400 per annum :
so that, as it is likely that the original pensions continue, here may
be an annual income of £2,000 paid for this paper, besides the
thousands of pounds annually, which the insertion of the pro-
clamations and public advertisements cost. It is a paper of the very
lowest and most paltry scale of talent, and its circulation is, for-
tunately, very limited ; but it receives several thousands of pounds
of the money of the men whom it foully and falsely calumniates.
" "Would I could see the man who pays this proclamation money
and these pensions at the castle. [Here Mr. O'Connell turned round
to where Mr. Peele* sat.J Would I could see the man who, against
the fact, asserted that the proclamations were inserted in all the papers,
save in those whose proprietors were convicted of a libel. I would ask
him whether this be a paper that ought to receive the money of the
Irish people ? — whether this be the legitimate use of the public
purse? And when you find this calumniator salaried and rewarded,
where is the impartiality, the justice, or even the decency of prose-
cuting Mr. Magee for a libel, merely because he has not praised
public men, and has discussed public affairs in the spirit of freedom
and of the constitution ? Contrast the situation of Mr. Magee with
the proprietor of the Hibernian Journal ; the one is prosecuted with
all the weight and influence of the crown, the other pensioned by the
ministers of the crown ; the one dragged to your bar for the sober
discussion of political topics, the other hired to disseminate the
most horrid calumnies ! Let the Attorney-General now boast of his
• Chief Secretary to the Lord Lieutcuaut.
534 MEMOIR AND SPEECHES, &C.
impartiality ; can you credit him on your "oaths ? Let him talk of
his veneration for the liberty of the Press ; can you believe him in
your consciences ? Let him call the Press the protection of the
people against the government. Yes, gentlemen, believe him when
he says so. Let the Press be the protection of the people ; he
admits that it ought to be so. Will you find a verdict for him,
that shall contradict the only assertion upon which he and I, how-
ever, are both agreed ?
** Gentlemen, the Attorney-General is bound by this admission ;
it is part of his case, and he is the prosecutor here ; it is a part of the
evidence before you, for he is the prosecutor. Then, gentlemen, it is
your duty to act upon that evidence, and to allow the Press to
afford some protection to the people.
" Is there amongst you any one friend to freedom ? Is there amongst
you one man, who esteems equal and impartial justice, who values
the people's rights as the foundation of private happiness, and who
considers life as no boon without liberty ? Is there amongst you one
friend to the constitution — one man who hates oppression ? If there
be, Mr. Magee appeals to his kindred mind, and confidently expects
an acquittal.
" There are amongst you men of great religious zeal — of much
public piety. Are you sincere ? Do you believe what you profess ?
With all this zeal — with all this piety, is there any conscience
amongst you ? /* there any terror of violating your oaths ? Be ye
hypocrites, or does genuine religion inspire ye ? If you be sincere —
if you have conscience — if your oaths can control your interests,
then Mr. Magee confidently expects an acquittal.
" If amongst you there be cherished one ray of pure religion — if
amongst you there glow a single spai'k of liberty — if I have alarmed
religion, or roused the spirit of freedom in one breast amongst you,
Mr. Magee is safe, and his country is served ; but if there be none
if you be slaves and hypocrites, he will await your verdict, and
despise it."
And slaves, hypocrites, and bigots they proved themselves,
by finding a verdict for the crown.
APPENDIX.
One circumstance of the anecdote we have given of Mr. O'ConneU's
rencontre with the unfortunate Messrs. John and Henry Sheares in
the Dover packet-boat, in January, 1793, has been, accidentally,
omitted.
The Messrs. Sheares, when speaking of their having attended
the execution of Louis XVI., displayed a bloody handkerchief, being
one they had themselves imbrued in the blood of the slaughtered
monarch.
Accident has also led to the omission of a few other matters,
amongst which is one incident of the year 1799, when Mr. O'Connell
had a narrow escape of his life.
Returning one evening, in the earlier part of that year, fi'om
presiding as master over a meeting of a Masonic lodge,* held in
Bride-street, his attention was attracted by a large fire which had
broken out in a timber yard, at the corner of Stephen-street. An
immense ci'owd had collected, and a party of military (or rather of
English militia — ^the Staffordshire regiment) — were there to keep
the peace, under the orders of one of the city sheriffs, Mr. Macready,
father of the celebrated tragedian of that name. He had several
men employed to remove the pavement that water might be got from
the street pipe to supply the engines ; but they worked so lazily
that there was considerable delay in procui*ing any.
With the wild spirits of youth, Mr. O'ConneU forced his way
through the crowd into the enclosed space where the men were
working, and pushing one of them roughly aside, snatched the pick-
axe from his hands, and set vigorously about to work himself. The
crowd cheered him lustily, and, as he himself describes it, he was so
* He liae long since publicly disconnected himself with Freemasonry.
536 APPENDIX.
delighted with their cheers that he went on, utterly regardless of the
directions and orders the sheriflf was giving him, and bid fair
to unpave the whole street before stopping.
Sheriff Macready, finding all his words in vain, angrily ordered the
soldiers to stop him ; and one of them instantly set about doing so in
the most effectual way, by a direct charge with his bayonet. For-
tunately, the weapon, which came with the man's full force, struck
Mr. O'Connell's watch, else, on that spot his agitation had ended for
ever. Of course, no second learning of that kind was needed, and he
made his escape as fast as possible.
lilr. O'Connell has never been before the public as a steward of a
horse race, a capacity, however, which it once fell to his lot to fill,
and in which he drew up the " article" given in the following
extract from the Sporting Magazine, number for July, 1 805, p. 223.
" SINGULAE RACE.
" In the Irish Racing Calendar of June 22, we observe the follow-
ing very singular terms for a race, on Thursday, the 29th August
next : —
" ' Sixty pounds, given by the gentlemen of the profession of the
law of the county of Kerry — for all horses &c., carrying nine stone.
" ' Four-mile heats.
" ' Horses, &c., starting for this plate must be bona fide the pro-
perty of a gentleman who shall have, prior to the first day of the
meeting, actually expended, in fair adverse litigation, the sum of two
hundred pounds.
" ' Horses, &c., of all persons who have so expended one thousand
pounds, allowed three lbs.
" ' All horses, &c., to be qualified upon the honour of an attorney,
if required by the stewards.
" ' As the plate is intended solely for amateurs, no practising pro-
fessional gentleman will be allowed to start a horse.' "
The race thus announced actually took place at the time indicated.
Three horses started ; and, after a well-contested race, the plate was
won by a horse belonging to the Rev. Mr. Dennis, a Protestant
clergyman of the county Wicklow, who qualified for the allowance of
three lbs., mentioned in the article, by the fact of having expended
considerably more than one thousand pounds in litigation.
APPENDIX. 537
PADDY TO NEDDY.
THE BAR AND THE BARON,
" ' And we also have our Baron.'
" As sure as a gun, from the Bann to the Carrou,
They sliall hear of the row 'twixt the Bar and the Baron !
I've sworn it, Neddy, and can it be treason
To jingle in rhyme, what has nothing of reason?
And, faith, 'tis so comic, 'twere surely a pity
To deny it the meed of a fugitive ditty.
The Baron — but he's been so often in prose,
'Twere needless to tell you what ev'ri/ one knows.
And what ev'ry one, too, in the land will remember,
From New-year's day down to the last of December —
Suffice it to say he's the law's purest pillar.
And, tho' sprung from a worm, detests a distiller !
The beginning of winter, his highness, quite frisky,
Commenc'd a campaign 'gainst the sellers of whiskey,
And swore by his valour, he'd settle his throne
On a seat of a still, in renown'd Ennishow'n.
Oh ! I wish you had seen
How he ravag'd the green,
Down rock and down glen.
With his battle-axe men ;
The Poteen-men
Thought again
He'd finish'd their job.
And the pot-ale
Grew pale
At the sight of his nob.
Full many can tell what a terrible milling
He gave them, from Longford, all thro' Enniskillen.
Some blackletter scavan
Tried to stop him at Cavan,
But, like fat in the fire.
It inflam'd him the higher.
And he seiz'd the diploma
From havock, at Oraagh !
You must know that the chief, in the height of his fury,
Campaigns with a life-guard he christens a jury ;
And, ere he assails the distillers at large,
The life-guard is sure to be tried at a charge ;
538 APPENDIX.
So that many suppose, sliould liis foes grow mueli larger,
That he'll rival the great metropolitan charger ! ! !
At Oraagh, when charging, they say that a Moor
(No Christian would venture to do it I'm sure)
Attempted to give the proud hero a knock.
Who, with dignity, said ' Faugh, my feelings you shock ;
So be off, you spalpeen, or you'll lie in the dock.'
Have you e'er seen a cur sneaking off in a dump,
When a scavenger gave him a kick in the rump.
Just so fled the hapless, unfortunate elf,
Nor till out in the air, did he come to himself ;
Then cried he, ' I'll go tell it as I'm a sinner,
To my friends, who are now at their punch, after dinner.'
He told them his tale, but the moment he spoke,
The sweet Ennishow'n lost the smell of its smoke ! I !
For a time all was mute — but snug Orator Smyly
Got on his legs, and declar'd very dryly,
' For his part, he'd never consent to make war on
Such a sweet-temper'd, popular, patriot Baron.'
The example once set, was soon followed by Torrens,
Who exclaim'd, ' Such a thought had liis perfect abhorrence.'
All was silence again, when, at last, little Macklyn
Announc'd that ' he'd give that same Baron a hackling.'
The matter here rested, but yet, I am sure.
Some censur'd the Baron, and pitied the Moor ;
Unwither'd by age — uncorrupted by art.
You must see on their cheek the rich glow of their heart —
Misguid'd young noodles ! who never could credit,
That virtue was folly, tho' sergeants had said it ;
But, no matter — they'll see, ere they go very far,
That's not the best way to go on at the Bar —
Tho' now teU it to them, if I err, may a murrain
Fall on me at once I they'll straight instance you — Curran ;
As if all men, like Curran, could soar into place.
With a patent direct from the Deity's grace.
When the Moor and his friends had thus grievously differ'd.
The Baron and guards set off charging for Lifford ;
But the Moor well determin'd that he'd rule the roast.
Sent the whole of the row to the next Evening Post ! ! !
So that when they had met in their general hall.
The whole pack were in print — Baron, jury and all ! ! !
And many suppos'd, that as things went so far.
Nothing less could be done than assemble the Bar ;
While others exclaim'd, might they die and be curst.
If they'd meet — until the Nor- Westers met first ;
And, faith, the Nor- Westers thought it nothing but fudge
In them for to meet in the teeth of a judge !
APPENDIX. 539
Besides, ' 'twas too late, and they thought that the Moor
Should have settled the matter at Omagh before.'
' By jingo,' said he, * you were after your lunch.
When I laid the whole story before you at punch ;
But meet as you choose, you're beyond my dominion,
And now must abide by the public opinion.'
Indeed and indeed, you'd have pitied their cases,
Dear Neddy, if you could have witness'd their faces ;
And 'twas grievous enough, upon them I confess.
To be kick'd into justice by means of the Press !
Meet, however, they did, in the Rolls Court, at five,
But, faith, ev'ry man seem'd more dead than alive ;
They all took their seats — little Randle was there,
With his pen and ink-horn, just under the Chair !
He had settled his wig like a little recorder,
When somebody rose to a question of order.
' The Press, sir,' said he, 'has thought proper of late.
To take on itself such abundance of state,
That if peasant or peer does but one single turn ill,
Its sure to get into some damnable journal !
Now, I trust, that you'll think — (and they all cry'd "hear Neddy")
We have suffer'd enough from its malice already ;
I'll say nothing more, but as sure as yoxi're born, ^
We'll all be mark'd out as the objects of scorn, >■
Unless little Randle puts up the ink-horn.' *
' May I linger my life in remote Innisfallen,
If I see any motive there's for it, ' says Allen ;
' If we do as we ought, and we should not do less.
What have we to fear from a fifty-fold Press ?
Do nothing in secret — throw open your door —
I wince not — I blench not — my conscience is pure.'
Now, perhaps, Neddy, you tliink I'm turn'd a jester.
In giving such sentiments to a Nor- Wester ;
But there's not in creation from centre to pole,
Than Allen a richer example of soul.
Let the Sun make a search o'er the surface of nature.
He'll grow dim ere discover an honester creature !
But the speaker and sentiment soon were put down.
And poor Allen encounter 'd a general frown.
Now the secret insur'd — all was silence around,
And the mug of each nob wore an empty profound.
When up got one, lauded the Baron most highly.
You may guess it was g, or , or Smyly,
A rabble of cyphers we meet ev'ry hour.
Quite ready to swell out the numbers of power ;
Men, in whose calculation, servility's spirit !
And meanness atones for the absence of merit.
540 APPENDIX.
Just Heav'n ! how I smile at the spaniel-like slave,
Who fawns for his crumb at the foot of a knave.
Believe me. my Neddy, that honesty sold,
Has a sorry exchange in Golconda's of gold.
And the poor little spot we must come to at last.
When life has gone by like the song of the blast,
Will look greener on earth, ay, and better from heaven,
Than the pile from high-sounding depravity given.
Besides, but examine the lover of pelf.
You'll see that he's often asham'd of himself ;
Let him toil in the palace, or fly to the wild wood.
He's pursu'd and reproach'd by the feel of his childhood ;
Like the blush of a hectic, it comes o'er his frame.
To cover his innate disorder with shame !
Thus the Baron's supporter declar'd that the tone,
Which he gave to the anthem, was none of his own ;
That he spoke it, forsooth, by a mighty permission ;
That he had it, in fact, as a kind of commission —
While others were musing, and scratching their nob.
To think who could give him so comic a job,
I could think but of one 'bove the regions of Charon,
And I guess'd him, by gob, for that one was — the Baron ! !
The business thus done, they broke up in a minute,
Tho' faith, 'twas a bull to have secrecy in it ;
For they swore una voce, both mighty and small.
That they'd do what they'd met for — just nothing at all!
The farce of the meeting thus being gone through.
The Moor and his friends look'd exceedingly blue ;
And each man exclaimed, whether noodle or nester,
' I am glad in my heart I am not a Nor- Wester. '
Poor Allen declared, that he feared all their trouble.
Would prove in the end nothing more than a bubble ;
' They should summon a meeting unlike the Nor- West,
Where innocence wrong'd would be more than a jest ;
'Twas in want of despatch that the principal sin lay.
And the paper once signed should be handed to Finlay.'
The paper once drawn was soon ready for signing,
Which all were convinc'd none would tliink of declining ;
For how could they brand the Nor-Westers with shame.
And in the same circumstance _;'ms< do the same ?
The first thing he went to was Castle-hack Swift,
In the vain expectation of getting a lift.
But S — -t who despises the semblance of grace,
Declar'd in a moment that he had a place !
He went up to another — ' Sir, you'll not reject it.
As you have no place' — ' But, dear sir, I — expect it !'
However, one told him he'd put his name down,
If the thing was set going but by a silk gown !
APPENDIX. 541
' O ho, then,' said Finlay, ' no longer I'm fooled
I can get that at once by just going to Gould,
For he has been speeching for hours on the floor,
On the injury done to the innocent Moor
He'd a wife and five children in North Merrion-square,
And he'd sacrifice all — for the good of the Bar.'
You must know little Tom
At the moment had come,
Just out to tlie hall for a little relief.
From his usual sport
In the Common Pleas Court,
A good humour 'd row with the black letter Chief —
He was vapouring
And capering.
And looking quite big.
And blinking and sinking
' But he had some gig.'
Finlay went up in the midst of the vapour,
And handed our hero the unanimous paper.
' You mean, I suppose sir,' said he, ' I should sign it,
Believe me, my friend, I don't mean to decline it ;
But take my advice' — and he gave him a nudge —
' Try first if you can get it done by a judge.' —
There are some men, I own, neither vicious nor tainted
Who will smile at the ludicrous meanness I've painted.
In myself, the first impulse is certainly laughter ;
But, alas ! a more serious sensation comes after.
As I look with contempt on the sad passing scene,
Fond memory turns to the days that have been.
When none but the brave, the high-minded, the free.
Dare call thee his country — green isle of the sea !
Ah ! who could foresee at that era of gold.
When thy monarchs were pure, and thy patriots bold —
When thy native rang'd free o'er his ancestor's field,
And the shamrock unwithering glow'd on his shield —
Who could think that the period was ever to come,
When the land of the brave was to be but his tomb ?
And a vampire creation should spring from his grave,
A mixture of tyrant, and traitor, and slave !
It is meet, it is meet, that the miscreant hand,
Which sold, should insult thee, unfortunate land !
But, oh ! is it meet, a liigh-minded profession.
Should first bow its neck to the rod of oppression ?
Ye Burghs and Duqueries — turn, tiirn away.
Nor blast thy pure glance with the curse of this day,
'Mid the sunshine of heaven, thy spirits of light.
Would weep at the taitors that wither my sight.
542 APPENDIX.
The time is no more when the patriot mind,
By genius exalted, by study refined,
Caught its lustre direct from philosophy's ray.
And pour'd it around with the radiance of day.
But, alas ! these were times when our green moimtain isle
Keceiv'd and return'd sweet liberty's smile,
When like God's sacred ark, in the midst of the flood,
A heaven-built temple, sublimely she stood,
The ocean wave shielding her base with its might,
WhUe her summit was lost in the realms of light !
Oh, curse on the sin that polluted our shrine,
And brought on our temple the vengeance divine.
Come, pilgrim, with me, let us tramp with disgust
On the loathsome creation that crawls o'er its dust —
A nameless and shameless contemptible race,
For notice too mean, if they were not so base,
Boasting as knowledge a dirty chicane, ^
Of virtue afraid, of servility vain C
With no passion but envy, no motive but gain ! 3
But let them pass on — faith in this disquisition,
I had almost forgotten our poor requisition ;
Forgive me — no more in the abstract I'll deal.
But by heavens, I'll hang on a gibbet of steel.
Be him old, be him young, be him poor, be him wealthy.
Be him high, be him low, be him rotten or healthy.
The wretch who would barter his conscience for pelf,
And sacrifice every thing sacred, to — self!
I'll do it, that no one may fancy I'm funning.
As sure as — Tim Driscoll's allow'd to be cunning —
Or as sure as Lefroy has a pastoral face —
Or as sure as Dick Mauusell works hard for his place.
When Finlay thus saw his poor paper rejected.
By men who nor honour nor virtue respected.
He went up to one who had made no profession,
And proffer'd it — ' Sir, is't an act of oppression?'
' Why, yes, in my mind, it comes under that term ;
'Tis th' attempt of a Baron to trample a worm ;'
' Then give me your paper — I'll sign it this minute —
'Tis so foul, that no man can be warranted in it.'
God help you, O'Connell, if your not a knave,
You'll never put on the silk badge of a slave.
No longer a notion of office pursue ;
The times are not suited to such men as you !
The paper, thus sanction'd, was soon signed by twenty,
A number which Finlay imagiu'd was plenty.
APPENDIX. 543
So he went to the father with his simple 'petition ;
' Sir, you'll summon a meeting on this requisition.'
Have you e'er seen an old wisn'd wind-beaten rat
Pursued thro' a granary by a Tom-cat ?
But the hunt was quite useless —for he swore damnation
To him if he'd call it — 'twould hurt his vocation!
' Then since you won't, we'll call it ourselves, d'ye see ;'
So they call'd it, and^fix'd it for Friday at three —
But the BENCHERS appointed another at five,
And they swore the poor Moor should be roasted alive ! I
Yes, they swore that the wretch they would certainly roast,
For daring to think of the damn'd Evening Post ! ! !
But who are the benchers, and what are their station ?
In my next you shall hear of their whole generation.
Suffice it to say, the unfortunate Moor,
Though frighten'd at Omagli, was now frighten'd more,
And his friends all imagin'd the wide world's riches
Wouldn't keep him from wreaking it all on — his breeches !
Says he, ' I'll choose counsel — to them I'll be pliant —
If I plead for myself— I've a fool for my client.'
The first man he chose was a battering Ram —
The next was all primness, and meek as a Lamb —
The third I before with good humour described,
Tho' he's brawling and bawling that he has been gibed.
And swears the' he can't put his paw upon me.
He'll dismantle the Post, and dismember Magee !
Tace, Tace, good Tom, or as sure as you're born.
You shall own till your death I have hay on my horn.
With blockheads and knaves hold no further communion,
But act from yourself as you did at the Union ;
Believe me, one feeling I would not offend,
In a man whom his country has known for a friend,
Who has spirit superior to many about him,
And talents so various that no one can doubt 'em.
Do but act from your heart, let what will betide,
And, ' by God,' I shall owe it with pleasure and pride.
But thou addle egg of an ill-omen'd nest !
Thou formal confusion ! tliou methodised jest !
Who advis'd him to do it — I'll have thy dull noddle
Hitch'd into a song, and sung out through the Poddle,
If I hear but one efibrt malignant again,
To debase to thy level much honester men. —
The Moor's counsel now on his business debated.
And as they agreed he was horribly treated, ,
They advised him at once without any tautology.
To act like a hero, and — make an apology.
But who are the benchers .' Why, faith, 'tis a question,
Which, before I can answer, requires some digestion.
544 APPENDIX.
They're a nondescript body, in this land of freedom,
And, to tell you the truth, I don't think that we need 'em ;
But no doubt all their powers are genuine quite.
For they own to possessing them in their own right !
They can call you before them for looking awry,
And can punish you, too, without telling you why !
They ask you no questions, and no one denies,
That's the way to be certain you'll tell them no lies.
They'll accuse you, 'tis true, but they'll hear no defence —
Now, that's constitutional, ay, and it's sense ;
A man brought before them's just in the condition,
Of an heretic answering the Inquisition !
But all must allow, that their Honors, the Benchers,
May do tliis, and more, too, by right of — their trenchers.
Such was the court, that unfortunate Moob
Was called for his error to answer before.
One question they asked him, and that you may guess,
W^, whether he dared to resort to the press!
He allowed it, and, faith, you'd think they'd eat him,
As they thimdered aloud 'twas scandalum magnatum.
In vain did he urge that his ignorant youth.
Might stand his excuse for declaring the truth ;
They fairly exclaimed, such a foolish confession
Was very unworthy — the legal profession.
And the chief, in a manner impressive and clear.
Bid him canter away, with a flea in his ear ;
You may doubt, if you choose, but I'm certain and sure,
The cliief is a nob, patriotic and pure.
For he lately has given his absolute veto,
Against eating a pie or an apple potato ! ! !
And that's a great compliment to Johnny Bull,
Whose life's but a bore, if his belly's not full.
I had nearly forgot, there was one in the hall,
Who couldn't agree in their notions at all ;
Tho', perhaps, all reflection 'tis better to spare,
And tell you, at once, that our Curran was there ;
For with us, my dear Neddy, that name, like a beacon,
Shows clearly the path that its owner has taken.
Alas ! at that time, when the wit and the sage.
Must weep o'er the wisdom and light of his age ;
When thy mirth, and thy fire, and thy honesty o'er
The angels will lead us thy presence no more ;
And a nation in silence must sigh for the day.
Which has torn from her heart-strings their darling away
% What solacing spirit shall comfort us then ?
What hope can delude with thy promise again ?
It is not, I own it, to every one given.
To seize, with thy magic, the lightnings of heaven,
APPENDIX. 545
To subject the passions with impulse divine,
To command with a cadence the charms of the time.
To wield, like enchantment, a fairy control.
And bind with an amulet body and soul.
But, oh I sure, like thee, we are given the power,
Indignant, to trample the slaves of the hour.
And walk in the path thy integrity trod ;
Our heart, like our form, the image of God.
When Curran departed, the Moor was beat hollow.
For no one e'en thought of attempting to follow ;
The Moor, they all argued, was nothing to them.
And tho' ruin ensued, they decreed to condemn.
Ah I Neddy, 'tis hard in this ill-omened hour,
And harder again in this prostrated land
For innocence wronged to contend against power.
Or raise, save in sorrow, its manacled hand !
Who could ever expect from that whimsical court
A verdict impartial, or upright to hear.
Of its oracles many were titled in sport.
And the wreck of the country has floated them there.
'Tis vain to expect but a nation's disgrace.
When traitorous servitude stands at the helm
When forfeited honor's the title to place
And perfidy's paid by the sale of the realm !
Sure he is a fool who could ever suppose.
That he'd obtain justice, tho' e'en for a minute.
From a conclave of Benchers, whom every one knows,
If Justice had eyes, she would never put in it !
Play a tune to a bear,
And he'll surely dance awry.
Yet, ftiith, 'tis as fair
To hope grace from a bear.
As sense from a body,
Where, like sweeps in a noddy.
An old woman's nudged by a master in chancery.
May I die a Nor- Wester,
It I wouldn't dig all-day
Sooner than stand
At the bar of a band,
Where a six clerk and coronet.
Baron and baronet,
A noodle and Nestor
A judge and a jester.
Lie all a pigging
Just like piggen-riggen,
Higgledy piggledy I
2n
546 APPENDIX.
You'd as soon see a corn-crake humming a tune,
Or a snipe
Dance a hornpipe,
By the light of the moon,
Or a frog in a quinsy, singing Eileen-a-Roone.
As yet
Such a set.
By any means brought
By a jibe.
Or a bribe,
To the thought
That they ought.
But though I suppose that you are not daran'd sick.
Or would sooner have prose,
Than this sweet dithyrambic ;
Yet, as I'm perplex'd,
And very much tired.
We'll defer tiU my next
The names that conspired;
And by Jove if the muse
Don't her office refuse,
I can tell you my Neddy,
If they're not so already,
The nobs by that time will be woefully vex'd.
" THE DINNER.
" In order to prove, dear Neddy, that all I have said of them was true, the
servile Nor-Westers (North-west Bar) have asked the Baron to dine. I send you
the account of the dinner, to the tune that was made for my own wedding ; and
I give the copyright up to every one who has a voice to sing it : —
' ' Oh, never fear
But you shall hear
The fun of the Nor- West dinner O 1
They ate their fill.
And they paid their bill —
They did, as I'm a sinner O I
As they all agreed
Full cheap to feed.
And cheaply to get mellow O !
They wouldn't meet
In Dawson-street,
But they dined at Portobello O !
APPENDIX. 547
" Old Father Joe,
Like a plenipo, •-
He sat at the top of the table O !
Whilst the yoxmgest man
Sent round his can
At the foot, while he was able O!
The Baron was there
All in his own lair.
He left his wig behind him O!
And the man, that day,
That drank Roscrea,
It would be hard to find him 0 1
" Old mumbling Stokes,
Like John a Noakes,
He help'd calf 's-head to D g 0 !
And the Baron with grace
Cut T 8 a plaice.
For which he long was leering 0!
R li n, by rule.
Helped gooseberry fool,
Which Smyly sipped like a Cupid 0!
And D n, small.
Sung Father Paul,
And not a man look'd stupid 01
" When the clock was gone.
And dinner done.
The father fell a toasting O 1
And the waiter enquired.
If any desired.
That he'd bring the Evening Pott in ? O !
At the very name,
A shivering came.
All over each Nor- Wester 0 1
And the Baron's head
Was so turned with dread.
That he gave the man a tester O !
" When the Baron had gone in his jingle away.
The glasses were marshalled in battle-array ;
And the remnant (who looked as they'd drink it in blood)
Gave the memory of William — the great ! and the good 1 1
548 APPENDIX.
Hear it, ye echoes ; and, oh ! let the name
Of ' Nor- Wester' be branded, a proverb of shame !
Whom conscience impeaches and country disowns,
"Whose prayers become crimes 'mid the Deity's frowns.
Should honour unnerved, for an epithet fester,
Sum all baseness in one, and proclaim him ' Nur-Wester !'
When their folly was stingless, their passion but pelf —
And their meanness commenced and concluded in self!
Tho' moved with compassion I laughed with the rest.
Even pity grew gay, and contempt hud its jest.
But now when I hear their impiety fell.
Endeavour to waken the warwhoops of hell
And wither again our unfortunate land
With the bigoted foreigners' pitiless band.
Methinks that I hear the red blood of the brave.
And the souls of the murdered, exclaim from the grave —
' Oh, save our poor orphan*— nor suffer again,
Our land to weep blood beneath merciless men !* "
The following is the document drawn up by Mr. O'Connell, and
entitled —
" MR. LALOR'S DEFENCE,"
Of which he makes mention in his speech of December 5, 1812,
(taken from the Freeman's Journal, Tuesday, October 27, 1812): —
" TO THE EDITOR, ETC.
" Sir — The manner in which you have introduced in your paper
the name of John Lalor, of Cranagh, Esq., is calculated to do him
the greatest injury in the public mind. Mr. Lalor's friends are con-
vinced, that when the motives and reasons which governed his
conduct are dispassionately considered, his integrity and his honour
will remain, as they have hitherto done, unimpeached and unim-
peachable.
" He is, he confesses it, tremblingly alive to the voice of his
countrymen. The object — the only object of his public life has been
the promotion, ns far as humble means, and more humble abilities.
APPENDIX. 549
would allow, of the liberties and happiness of Irishmen. He did not,
nor could he seek for himself place or pension, profit or emolument ;
and the honours which a minister can bestow have always been a
subject for his contempt. With these sentiments, and with no other
guide for his public conduct than zeal and honesty, he was so happy
as to enjoy the esteem and the confidence of his oppressed country-
men. May he not, then, venture to ask, whether it is probable that
a man who has devricd all his exertions in public life to the disin-
terested service of 'lis countrymen, should voluntarily adopt any line of
conduct which he deemed inconsistent with their interests ? Surely
it is highly improbable that he should desert his couatry's cause,
which has ever been his pride ; and he trusts, that when the reasons
are considered upon which he has, on the present election, given his
support to Mr. Bagwell, his conduct will not rest upon mere proba-
bility, but that every unbiassed man will admit, that Mr. Lai or has
acted with the purest views, and from the best motives ; nay, that
under all the circumstances of the case, it was impossible he should
act otherwise than as he has done.
" Yes ; it was impossible that Mr. Lalor should have declined to
support Mr. Bagwell at this election, because he had promised that
vsupport more than one year and a half ago. Gentlemen of Ireland,
Irish Catholic gentlemen, his word was pledged. Is there a tie more
binding? — an obligation more sacred? How often have you
expressed your indignation at the foul calumny flung upon you by
your enemies — a calumny put upon record in our qualification on
Oaths, that you believed it was lawful * to break faith with heretics ?'
Xo ; the faith and honour of an Irish gentleman do not depend on
the heresy, either religious or political, or the object to whom they
are pledged ; and Mr. Lalor, with perfect confidence, relies on this
justification — that his word was pledged.
" Let it be distinctly understood, that Mr. Lalor is not solicitous to
obtain or preserve the esteem of any man, who thinks that it is per-
mitted to a gentleman to violate his promise. He trust that there is
not a man in Ireland of that opinion — he knows not such ; if any so
base there be, this appeal on behalf of Mr. Lalor is not addressed
to him.
" Mr. Lalor made this promise fn the presence of a gentleman of
the first character for integrity and honour, George Lidwell, Esq.
Mr. Lidwell is one of the most active of the supporters of Mr. Prittie,
550 APPENDIX.
but he is appealed_to for the fact with the same confidence as if he
had been the friend of Mr. BagAvell.
" Having thus established the fact of a previous promise, and
knowing that the obligation of such a promise is not doubtful, the
justification of JVIr. Lalor may well be rested here ; but there exits
an anxiety, which cannot be considered as unbecoming, to make his
vindication complete, and to replace him in ihat situation which he
before occupied in public estimation.
" For this purpose, it would be desirable, upon his part, to state,
at large, the motives which induced him to make his promise ; and
if the detail be not deemed tedious, it will, perhaps, appear perfectly
satisfactory. The temper of the times has, indeed, changed within
the last eighteen months ; and the animosity with which the Catiiolics
now view all persons connected with recent administration, has
excited a spirit which disqualifies from judging of the efiect of his
motives at that period. Still it is expected that they will appear
sufficiently powerful to palliate and to excuse, if not entirely to justify
the promise.
" It was prior, too, to the period when Lord Yarmouth and his
household were preferred to the Catholics. It was at a time when
the Catholics might reasonably have looked forward to an adminis-
tration favourable to Ireland ; when it was supposed that the day
was near, in which the firmest friends of the minister might also be
amongst the best friends of the Irish. It was at a time when the most
zealous of the Catholics were quite content to obtain the support of
the members of parliament to their particular question ; and many
of them were extremely desirous not to allow the. measure of
Catholic Emancipation to be to the politics of the opposition people,
as the natural result of persecution and of hope, doubly disappointed ;
but surely it would be most unfair to judge of the propriety of Mr.
Lalor's promise upon grounds that did not exist when that promise
was given, and with sentiments, the causes of which had not then
ax'isen.
" It was at such a period as has been described, that Mr. Lalor
promised his support to Mr. Bagwell ; nor were there wanting
abundant motives to require tha^ promised friendship, of which Mr.
Lalor was and is proud Jiad long subsisted in private life between
him and Mr. Bagwell. From the latter, Mr. Lalor had long expe-
rienced those courtesies and kindnesses which a man in Mr. Bagwell's
APPENDIX. 551
sphere of life had an opportunity of bestowing on any gentleman who
belonged to the excluded class of the Irish community, but of which
Mr. Lalor would not have condescended to accept, if they had not
been tendered by the hand of friendship, and been compensated for
by the reciprocal good offices within his power. From the year 1793>
at which period Mr. Bagwell voted in favour of the Catholic bill,
which enabled Mr. Lalor to enjoy the elective franchise, Mr. Lalor
has availed himself of that privilege in the support of his friend, and
thus has the friendship of many years' standing been cemented by
those acts which, to each, evinced the kindly disposition of the other
towards him ; but there was a period in the melancholy history of
this country when Mr. Lalor had occasion for all the influence
possessed by Mr. Bagwell, to secure him from a prison and from
banishment — perhaps from death — perhaps from much worse — from
ignominious torture. IVL'. Lalor feels no shame in making the avowal ,
but be would be ashamed, indeed, if he could forget the services he
then received.
" It was in that year of horrors, 1798; be was a Catholic, possessed
of an independent fortune in the county of Tipperary — both crimes,
in the summer of 1796, of no small magnitude; but further, he had
always avowed and maintained his attachment to the purest principles
of the British constitution, and dared to speak of liberty, as he felt,
with enthusiasm ; nay more, he had been, it was well known, an
United Irishman — that is, a member of the open society of United
Irishmen that met in Back-lane, having for their only objects, as he
was and is convinced, * parliamentary reform and Catholic emancipa-
tion'— that society, of which my Lord Castlereagh, 'the then Hon.
Robert Stuart,' was a member, and therein must have pledged himself
solemnly to both those measures.
" For some time before 1798* Mr. Lalor had taken no part in
politics : he condemned and regretted the violence of all parties. He
was olFered the command of a corps of yeomanry, but he felt it a duty
he owed to his country to refuse. Such, liven, was his situation in
that year. He was a Catholic, wealthy enough to tempt the avarice
of the man who ordered Mr. Burke to pay him £1,000 for alleged
political opinions : he was a friend to liberty, had been an United
Irishman, and had refused to accept the command of a j'eomanry
corps.
" Recollect, too, what the state of the county Tipperary then was.
No more need be said than that Sir Thomas J. Fitzgerald ruled
562 APPENDIX.
paramount. He is dead — unfortunately dead. He has escaped the
vengeance of his country, and one is constrained by that consideration
from depicting his reign of terror in all its horrid colours. But who
can say that genuine fidelity to the throne and constitution — that
perfect innocence of all traitorous signs or intentions — that detestation
for revolutionary doctrines, so common and so strong in the minds of
the best friends of real liberty ; that all those combined — and Mr. Lalor
trusts he combined them all — could afford any protection at that time
in the county Tipperary ? Who is it forgets that Mr. Wright was
cruelly flogged in the streets of Clonmel by Sir Thomas, for no other
reason than that he (Sir Thomas) did not understand French ? Who
has not heard of the torture inflicted by vSir Thomas upon Mr. Doyle,
of Carrick-on-Suir, admitted to have been inflicted either through
mistake or without cause — he could not tell which ?
" It is unnecessary to go further, and it would be tedious to
enumerate instances. What availed his innocence to Magrath, of
Clogheen, whom Sir Thomas, during his flogging, scarified in the
breast with his penknife ? Of what avail was his integrity to the
respectable Mr. Fox, when lacerated to death at the triangle by Sir
Thomas ? The process was simple ; it required neither trial nor
accusation ; nay, it was not necessary even to be suspected ; mistake — "
caprice — anything — nothing — brought the victims to the torture ; still
more, acquittal was useless.
" For instance, a sessions was held at Cashel under the Insurrection
Act ; the magistrates, to the number of more than twelve, were all
yeomen, ready enough to convict ; three persons were brought forward
for trial ; there was not a shadow of evidence against them ; they
were acquitted and discharged. A day or two afterwards. Sir T. J.
Fitzgerald arrived; he inquired for those prisoners — ' prisoners ! why,
they have been acquitted and discharged.' ' Have they so ?' said Sir
Thomas, ' then I shall have them back and flog them.'
" He turned round to Mr. Butler, of BallycarroU, and Mr. Smith-
wick, two gentlemen of respectability and fortune, and ordered them
to bring iiim the acquitted persons. They declared their inability to
do so, as they were ignorant where they were gone. ' Perhaps so,'
said Sir Thomas, ' but if you do not bring them to me directly, I will
flog you both instead of them, by God.'
" They, gentlemen, were aware of their danger ; they pursued the
poor men, who had returned home in the gladness of an acquittal ;
they brought them back to Sir Thomas, who had them instantly tied
APPENDIX. 553
up and cruelly flogged 1 Certainly, it would have left a strong im-
pression on Mr. Lalor's mind, if Lord Llandaff had then, as he might
have done, interfered with Sir Thomas (whom he had appointed
sheriff) for his three poor tenants, who were thus first acquitted, and
then flogged.
" The fate of Mr. Lalor was also determined upon. The in-
discretion of Sir Thomas alone procured his safety. Sir Thomas
boasted publicly in Clonmel, that within three days he would have
a papist of large fortune, a magistrate and a deputy-governor of
the county, either flogged, or in jail, or hanged. Sir Thomas's
threats were then never in vain.
" Mr. Lalor, on being informed of this threat, applied to the
Hon. Francis Hutchinson to accompany him to Sir Thomas, and
he acknowledges with gratitude the ready compliance his request
met with. They repaired to Clogheen, where Sir Thomas was
busily employed flogging, guarded by the Hessians. Mr. Hutchin-
son told him that Mr. Lalor desired to know, whether there waa
any charge against him, as if so, he waa ready to meet it. Sir
Thomas could not imagine any ; he declared there was none.
" After this declaration, and from Mr. Lalor's rank in society,
some precaution was necessary ; accordingly, a representation waa
made to government that Mr. Lalor was a traitor, and a sanction for
his arrest was obtained. Mr. Lalor owes it to Mr. Bagwell that he
is alive and untortured.
" Mr. Lalor was then a private in Lord Llandaflfs corps of yeoman
cavalry ; from him he could expect no protection, after seeing Mr.
Denis O^Meagher, the very gentleman who proposed Mr. Prittie at
the present election, and his aged father, and his aged uncle, and
Mr. Smith wick, although he, too, was near eighty years of age, and
other gentlemen of fortune and respectability, dragged to jail ;
amongst them were four yeomen of Lord Llandaff 's corps, including
Mr. Denis O'Meagher himself. They obtained their discharge by
the exertions of the Hon. Francis Hutchinson. Had he not exerted
himself, it was quite clear that neither their innocence nor their
connection with Lord Llandaff would have saved them. Nay, the
present Lord Llandaff attended the committee, at which Sir Thomas
and Colonel Deering presided, and which ordered those arrests.
" Fortunately for Mr. Lalor, he did not want the protection
of Lord Llandaff, for the threats of Sir Thomas at Clonmel were
conveyed to Mr. Bagwell ; he perceived at once that they applied to
554 APPENDIX.
Mr. Lalor ; he knew that one moment was not to be lost ; he re-
paired to the Castle, and there procured a positive order to Sir
Thomas not to arrest or meddle with Mr. Lalor. But for this speedy
interference Mr. Lalor's fate was certain.
" "Will any person tell you, sir, that this was an obligation which
ought to be forgotten ? Was there an Irish soul so dead to those
sentiments of which we are proud, as to be insensible to the friend-
ship which, unsought, protected his friend from torture — death —
disgrace?
** Mr. Lalor cannot forget, too, that whilst the Llandaff family
protected the sheriiF of their appointment, Sir Thomas Judkin Fitz-
gerald, Mr. Bagwell used every effort to leave him to justice. It
is a fact, now part of Irish history, that whilst the first Indemnity
Bill was sufficient to cover all the irregular acts of loyalty per-
petrated in other parts of Ireland, it was by no means sufficient to
protect the loyalists of Tipperary. A second bill was accordingly
prepared by the present Lord Norbury, then Attorney- General.
It was introduced into the House of Commons, by the present Lord
Llandaff, then Lord Mathew, in a speech which is believed to be the
only one he ever made in that house. It was most violently and
decidedly opposed by Mr. Bagwell, as well as by the Hutchinsons.
The * generous nature of my Lord Castlereagh,' who declared that
the administration of Ireland never sanctioned torture — the ' gene-
rous nature of my Lord Castlereagh,' induced him to bear down Mr.
Bagwell's honest opposition, with all the regular forces of the govern-
ment, and the act passed, commonly called ' Fitzgerald's Bill,' and
remains an eternal monument of shame to our legislative system.
" This subject is, perhaps, dwelt on too long, but the recollection
of those scenes was forcibly brought on Mr. Lalor's mind, on the 7th
of October, instant, at Thurles, by Captain Gaisson. "When Mr.
Bagwell applied to that gentleman for his interest at the present
election — ' It is true,' said Captain Gaisson, ' that you ought to
expect my interest, but for one circumstance ; you opposed Fitz-
gerald's Indemnity Bill, without which I should have been ruined ;
we owe that bill to Lord Llandaff, and his family shall, therefore,
have my interest ! ! !*
" There are a few facts more that are deemed important, towards
forming a just estimate of Lalor's conduct. He was well aware,
that in private or public life, Mr. Bagwell had never expressed any
sentiments of bigotry. In the conversation which he had with Mr.
APPENDIX. 555
Bagwell, shortly before he promised his interest at the then next
election, Mr. Bagwell, expressed himself in terms so favourable to the
Catholic claims, that Mr. Lalor understood he intended to give them
his support. So distinctly was this idea infixed on his mind, that he
always conceived it as an admittedly implied condition of his promise ;
and he always spoke of that promise, as founded on the condition of
Mr. Bagwell's future support of the Catholic cause in parliament.
" This construction, which Mr. Lalor always did and does contend
for was the true construction of his promise, having been conveyed
to Mr. Bagwell, he alleged that the promise was absolute, and
unqualified, and declared that he must insist on its performance as
such. Shortly before the last spring assizes, Mr. Lalor was waited
on at the desire of Mr. Bagwell, by Colonel Pureloy, who informed
him of Mr. Bagwell's determination, and that Mr. Bagwell would
expect to meet Mr. Lalor at the ensuing assizes, and would require
of him an explicit avowal, that the promise he had given was without
any condition. Mr. Lalor's answer was ' that Mr. Bagwell should
never obtain from him any such avowal ; and that there was no per-
sonal risk which he would not cheerfully run sooner than extend that
promise to any one in particular — that in giving it in the way he
had done, he followed far enough the impulse of gratitude and private
friendship, and that he woidd certainly not support Mr. Bagwell
upon any other terms.'
" Mr. Lalor felt it incumbent on him in consequence of this con-
versation, to absent himself from the grand jury, on which he had
been as usual, called ; but he an*ived in Clonmel early the second
day of the assizes, and having met Mr. Lidwell, he informed him of
the attention he had received from Mr. Bagwell, and of his convic-
tion, that a challenge must ensue ; he asked Mr. Lidwell to be his
friend, but that gentleman declined from motives of delicacy which
he stated ; and Mr. Lalor resorted to Captain Power of Ballydine,
who was so good as to consent to be his friend.
" Thus was Mr. Lalor placed in the disagreeable situation of
receiving a message from an old friend and benefactor (for he must
call him so), or of giving his interest to an avowed opponent of the
Catholic claims. The oft-tried spirit of Mr. Bagwell seemed to
leave him no alternative but to risk his life, or desei-t his cause ; he
preferred the former, and it is a choice he is always ready to make.
It is true, that he was not called on to make any sacrifice — that his
friend Mr. BagvvoU pledged himself unequivocally in private, to
556 APPENDIX.
support the Catholic cause, before he asked the fulfilment of Mr.
Lalor's promise, and undertook to repeat that pledge in public.
" Mr. Lalor assuredly is not to blame, if Mr. Bagwell changed his
view of the promise made to him by Mr. Lalor, and concurred in the
construction put on that promise by Mr. Lalor himself ; but after
Mr. Bagwell had done so, how, in the nature of things, can it be
imagined, that Mr. Lalor could disengage himself from that promise,
or violate it in any particular ?
** It comes now to be observed, that it is obvious, that if Mr.
Bagwell be not returned for the county of Tipperary, the Catholic
cause sustains no injury from Mr. Lalor; but if he be, then it will
be owing to Mr. Lalor, that the Catholic question obtains two addi-
tional supporters, in the persons of Mr. Bagwell, member for the
county, and his son, member for the borough of Clonmel. Besides,
it is nearly certain, that another of Mr. Bagwell's connection will be
returned for a neighbouring borough ; in which case a third vote in
parliament for the Catholics is ascertained.
. " And shall Air. Lalor be vilified as a traitor to his cause and
country, when his friends are thus able, with truth, to declare, that
he has influenced three votes in parliament in favour of that cause ;
nay, should he have influenced only two votes, will any Catholic
have a right to reproach him, unless he shall have influenced
at least one vote ? And where is the Catholic, beside Mr. Lalor, who
can boast of having converted one opponent into a friend ?
*' It remains only to consider whether Mr. Lalor was restrained
by the resolution of the Catholics of the county of Tipperary, from
voting for Mr. Bagwell. That resolution was the same in principle,
if not precisely in words, with the resolution of the aggregate meeting,
in Dublin, on the 18tli of June last. Both resolutions were framed
by the same gentleman, and with the same object.
" When the resolution of the 18th of June was about to be put by
Lord Fingal, he observed that he was under a promise already made
to give his interest to Lord Bective, a ministerial candidate, for the
county of Meath, and that he could not concur in the resolution if it
was intended by it to enforce the violation of any promise pre-
viously given. His lordship was immediately assured that the
resolution could never, be construed to require a violation of any
previous engagement ; that it was not intended as a trap for Catholic
fidelity, but was, in its operation, entirely prospective ; with this
explanation Lord Fingal was perfectly satisfied ; he joined in the
APPENDIX. 557
resolution — authenticated it by his signature as chairman, and has,
nevertheless, continued his support, as he was bound to do, to the
ministerial candidate to whom he was previously pledged.
'* Such has been precisely the course adopted by Mr. Lalor. The
explanation given to Lord Fingal, and the line of conduct pursued
by that exalted and revered nobleman, could not lead to disgrace or
dishonour. This Mr. Lalor felt and feels, and he i*ests satisfied that
in imitating, at an humble distance, that noble lord, he will not be
considered to have forfeited any of his claims upon the esteem of Ms
countrymen.
" And what, after all, is his crime ? Why, to have given his
interest, in consequence of a previous promise, to an old friend and
benefactor — to a man who has already supported Catholic rights, and
pledges himself and his son to support them for the residue of their
lives — to a man who commenced his career in society by a donation
to the Catholics of Clonmel at sixpence by the year — of their chapel
ground worth £100 per annum — to a man who voted against the foul
and abominable measure of an union — to consent to which, many a
disgusted Catholic was seduced by Bagwell's opponent — in short,
to a man who has repeatedly obtained the support of the best friends
of the Catholics — the illustrious family of the Hutchinsons.
" If, by fidelity to his promise — if, by resisting a junction of
powerful families that would fain convert the county of Tipperary
in a close borough, if by voting for his friend of many years and the
man who rescued him from the horrors of 1798 — if to have imitated
in one instance the conduct of the Earl of Fingal, and in another
that of the Hutchinsons — if, by procuring two certainly, and pro-
bably three votes in the next Parliament — ^if, by all these means, he
had forfeited the confidence of Irishmen, he must bow in resignation
to their decision, but he cannot avoid complaining of it as unmerited
and severe.
" This statement is addressed to you, sir, under the sanction and by
the authority of Mr. Lalor, for the facts and the observations con-
tained in it, he considers himself, and will always hold himself,
personally responsible ; but he wishes it to be added, that he hopes
his countrymen will not deem the less favourably of him for his deep
anxiety to preserve, as well as to merit, their confidence.
" I am, sir, &c.,
; " A SCBSCRIBER.
558 APPENDIX.
'< In consequence of some assertions contained in the paper
Mr. Lalor feels it a duty he owes to himself, to state these two
facts : —
" 1st. That he offered his second voices, which were disengaged,
to General Mathew, if he formed no junction with any other
candidate, but left the county to its free choice of both members.
" 2ndly. That Mr. Lalor conceived the manner of the General on
the hustings, on the first day of election, to have been offensive ; and
he, therefore, sent a message to the General, who, however, was
pleased to obviate any unpleasant feelings on the subject, by consent-
ing to declare to Mr. Lalor, publicly, that he did not intend any
offence, but on the contrary, felt every respect for him. This decla-
ration the General accordingly made."
The following letter was written by Mr. O'Connell, when a law
student in London, in 1795, being then but twenty years of age>
and addressed to Maurice O'Connell, Esq., Darrynane : —
'• Chiswick, near London, December 10, 1796.
"My Dear Uncle,
" I delayed answering your letter of the 17th ult. until I should have it in
my power to inform you that I had changed my place of residence, in conformity
to your desire.
" On calculating the expenses of retiring to a cheaper spot, and of returning to
keep ray term in January, I found it would not answer ; so I have dropped the
scheme. I am now only four miles from town, yet perfectly retired. I pay
the same price for board and lodging as I shoiild in London ; but I enjoy many
advantages here, besides air and retirement. The society in the house is mixed,
I mean, composed of men and women, all of whom are people of rank and
knowledge of the world ; so that their conversation and manners are perfectly
well adapted to rub off the rust of scholastic education ; nor is there any danger
of riot or dissipation, as they are ail advanced in life — another student of law
and I being the only young persons in the house. This young man is my most
intimate acquaintance, and the only friend I have found amongst my acquain-
tance. His name is Bennett.* He is an Lrish young man of good family con-
nections and fortune. He is prudent, and strictly economical. He has good
sense, ability, and application. I knew him before my journey to Ireland. It
was before that period our friendship commenced ; so that, on the whole, I
spend my time here not only very pleasantly, but, I hope, very usefully.
' ' The only law books which I have bought as yet are the works of Espinisse,
on the trials of Nisi Prius. They cost me £1 lOs., and contain more informa-
• The late Richard Newton Bennett, for a time Chief JusUce of one of the West India Islands.
APPENDIX. 559
tion on the practical part of the law than any other work I have ever met.
When in DubUn, I reflected that carrying any more books than were absolutely
necessary, would be incurring expense ; so I deferred buying a complete set of
' reports until my return thither.
" I have now two objects to pursue — the one, the attainment of knowledge ;
the other, the acquisition of all those qualities which constitute the polite gen-
tleman. I am convinced that the former, besides the immediate pleasure which
it yields, is calcxilated to raise me to honours, rank, and fortune ; and I know
that the latter serves as a general passport or first recommendation ; and as for
the motives of ambition which you suggest, I assure you that no man can pos-
sess more of it than I do. I have, indeed, a glowing, and — if I may use the
expression — an enthusiastic ambition, which converts every toil into a pleasure,
and every study into an amusement.
•'Though nature may have given me subordinate talents, I never will be
satisfied with a subordinate situation in my profession. No man is able, I am
aware, to supply the total deficiency of abilities, but every body is capable of
improving and enlarging a stock, however small, and in its beginning, con-
temptible. It is this reflection that affords me most consolation. K I do not
rise at the bar, I will not have to meet the reproaches of my own conscience.
It is not because I assert these things now, that I should conceive myself
entitled to call on you to believe them. I refer that conviction which I wish to
inspire to your experience. I hope, nay, I flatter myself, that when we meet
again, the success of my efforts to correct those bad habits which you pointed
out to me wiU be apparent. Indeed, as for my knowledge in the professional
line, that cannot be discovered for some years to come ; but I have time in the
interim to prepare myself to appear with greater eclat on the grand theatre Of
the world.
" You have heard of the capture of Manheim. The Austrians continue to
advance rapidly on the French side of the Rhine. They are said to be marching
towards Lusembourg. In the meantime, the French are evacuating Holland.
Whether this event will be favourable to the interest of the Stadtholder, is yet
uncertain. The ministry, who are become unpopular, owing in particular to the
two bUls, of which you must have heard, and in general to the ill success of the
war, already tottered in their seats ; but the brilliant victories of the Austrians
have secured them at least for some time. That we shall soon have peace is
no longer a question. Every body believes it, and the King's messages to par-
liament confirm the belief.
* ' The General desires to be remembered to you. He and his lady are well
I gave him your letter on the day of its arrival. Present my duty to my father
and mother, and my love to my brothers and sisters, and other friends.
•' I am, dear Uncle,
" Your sincerely affectionate, grateful, and dutiful nephew,
"DANIEL O'CONNELL.
" My direction is at Mrs. Rigby's, Chiswick, near London."
BOSTON COLLEGE
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